(1)  A nonprofit corporation shall keep as permanent records:

Terms Used In Utah Code 16-6a-1601

  • Address: includes :
(i) a post office box number;
(ii) a rural free delivery route number; and
(iii) a street name and number. See Utah Code 16-6a-102
  • 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
  • Bylaws: includes :
    (i) amended bylaws; and
    (ii) restated bylaws. See Utah Code 16-6a-102
  • Class: means a group of memberships that has the same right with respect to voting, dissolution, redemption, transfer, or other characteristics. 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.
  • 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
  • Principal office: means :
    (a) the office, in or out of this state, designated by a domestic or foreign nonprofit corporation as its principal office in the most recent document on file with the division providing that information, including:
    (i) an annual report;
    (ii) an application for a certificate of authority; or
    (iii) a notice of change of principal office; or
    (b) if no principal office can be determined, a domestic or foreign nonprofit corporation's registered office. See Utah Code 16-6a-102
  • Vote: includes authorization by:
    (a) written ballot; and
    (b) written consent. See Utah Code 16-6a-102
    (a)  minutes of all meetings of its members and board of directors;

    (b)  a record of all actions taken by the members or board of directors without a meeting;

    (c)  a record of all actions taken by a committee of the board of directors in place of the board of directors on behalf of the nonprofit corporation; and

    (d)  a record of all waivers of notices of meetings of members and of the board of directors or any committee of the board of directors.
  • (2)  A nonprofit corporation shall maintain appropriate accounting records.

    (3)  A nonprofit corporation or its agent shall maintain a record of its members in a form that permits preparation of a list of the name and address of all members:

    (a)  in alphabetical order, by class; and

    (b)  showing the number of votes each member is entitled to vote.

    (4)  A nonprofit corporation shall maintain its records in written form or in another form capable of conversion into written form within a reasonable time.

    (5)  A nonprofit corporation shall keep a copy of each of the following records at its principal office:

    (a)  its articles of incorporation;

    (b)  its bylaws;

    (c)  resolutions adopted by its board of directors relating to the characteristics, qualifications, rights, limitations, and obligations of members or any class or category of members;

    (d)  the minutes of all members’ meetings for a period of three years;

    (e)  records of all action taken by members without a meeting, for a period of three years;

    (f)  all written communications to members generally as members for a period of three years;

    (g)  a list of the names and business or home addresses of its current directors and officers;

    (h)  a copy of its most recent annual report delivered to the division under Section 16-6a-1607; and

    (i)  all financial statements prepared for periods ending during the last three years that a member could have requested under Section 16-6a-1606.

    Enacted by Chapter 300, 2000 General Session