A nonprofit corporation amending its articles of incorporation shall deliver to the division for filing articles of amendment setting forth:

(1)  the name of the nonprofit corporation;

non profit

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Terms Used In Utah Code 16-6a-1005

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Articles of incorporation: include :
(a) amended articles of incorporation;
(b) restated articles of incorporation;
(c) articles of merger; and
(d) a document of a similar import to the documents described in Subsections (3)(a) through (c). See Utah Code 16-6a-102
  • board of directors: means the body authorized to manage the affairs of a domestic or foreign nonprofit corporation. See Utah Code 16-6a-102
  • 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.
  • Deliver: includes delivery by mail or another means of transmission authorized by Section 16-6a-103, except that delivery to the division means actual receipt by the division. See Utah Code 16-6a-102
  • Division: means the Division of Corporations and Commercial Code. See Utah Code 16-6a-102
  • Member: includes :
    (i) "voting member"; and
    (ii) a shareholder in a water company. See Utah Code 16-6a-102
  • Person: means an:
    (a) individual; or
    (b) entity. See Utah Code 16-6a-102
  • Vote: includes authorization by:
    (a) written ballot; and
    (b) written consent. See Utah Code 16-6a-102
  • Voting group: means all the members of one or more classes of members or directors that, under this chapter, the articles of incorporation, or the bylaws, are entitled to vote and be counted together collectively on a matter. See Utah Code 16-6a-102
    • (2)  the text of each amendment adopted;

    (3)  the date of each amendment’s adoption;

    (4)  if the amendment was adopted by the board of directors or incorporators without member action, a statement to that effect and that:

    (a)  the nonprofit corporation does not have members; or

    (b)  member action was not required;

    (5)  if the amendment was adopted by the members, a statement that the number of votes cast for the amendment by the members or by each voting group entitled to vote separately on the amendment was sufficient for approval by the members or voting group respectively; and

    (6)  if approval of the amendment by some person or persons other than the members, the board of directors, or the incorporators is required pursuant to Section 16-6a-1013, a statement that the approval was obtained.

    Enacted by Chapter 300, 2000 General Session

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