Utah Code 16-10a-703. Court-ordered meeting

Superseded 7/1/2024)

16-10a-703. Court-ordered meeting.

(1)

The district court of the county in this state where a corporation‘s principal office is located or, if it has no principal office in this state, the district court for Salt Lake County may summarily order a meeting of shareholders to be held:

Terms Used In Utah Code 16-10a-703

Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
Notice: is a s provided in Section 16-10a-103. See Utah Code 16-10a-102
Person: means :Utah Code 68-3-12.5
Principal office: means the office, in or out of this state, designated by a domestic or foreign corporation as its principal office in the most recent document on file with the division providing the information, including:

(a)	an annual report;

(b)	an application for a certificate of authority; or

(c)

a notice of change of principal office. See Utah Code 16-10a-102

Quorum: The number of legislators that must be present to do business.

Record date: means the date established under 6, or 7, on which a corporation determines the identity of its shareholders. See Utah Code 16-10a-102

Shareholder: means :

(i)	the person in whose name a share is registered in the records of a corporation; or

(ii)	the beneficial owner of a share to the extent recognized pursuant to Section 16-10a-723. See Utah Code 16-10a-102 State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(a)	on application of any shareholder of the corporation entitled to participate in an annual meeting or any director of the corporation if an annual meeting was not held within 15 months after its last annual meeting, or if there has been no annual meeting, the date of incorporation; or

(b)

on application of any person who participated in a call of or demand for a special meeting effective under Subsection 16-10a-702(1) if:

(i)	notice of the special meeting was not given within 60 days after the date of the call or the date the last of the demands necessary to require the calling of the meeting was delivered to the corporation pursuant to Subsection 16-10a-702(1)(b), as the case may be; or

(ii)	the special meeting was not held in accordance with the notice.

(2)

The court may fix the time and place of the meeting, state whether or not it is an annual or special meeting, determine the shares entitled to participate in the meeting, specify a record date for determining shareholders entitled to notice of and to vote at the meeting, prescribe the form and content of the meeting notice, fix the quorum required for specific matters to be considered at the meeting, or direct that the votes represented at the meeting constitute a quorum for action on those matters, and enter other orders necessary or appropriate to accomplish the purpose or purposes of holding the meeting.

Amended by Chapter 364, 2008 General Session

Previous section

Next section

Part 7 Contents