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Terms Used In Utah Code 16-6a-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.
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
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 nonprofit corporation determines the identity of the nonprofit corporation's members. See Utah Code 16-6a-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
Upon an application described in Subsection (1)(b) the holding of a meeting of the members may be summarily ordered by:
(i)
the district court of the county in this state where the nonprofit corporation‘s principal office is located; or
(ii)
if the nonprofit corporation has no principal office in this state, the district court in and for Salt Lake County.
(b)
Subsection (1)(a) applies to an application by:
(i)
any voting member entitled to participate in an annual meeting if an annual meeting was required to be held and was not held within 15 months after:
(A)
the corporation’s last annual meeting; or
(B)
if there has been no annual meeting, the date of incorporation; or
(ii)
any person who participated in a call of or demand for a special meeting effective under Subsection 16-6a-702(1), if:
(A)
notice of the special meeting was not given within 30 days after:
(I)
the date of the call; or
(II)
the date the last of the demands necessary to require the calling of the meeting was received by the nonprofit corporation pursuant to Subsection 16-6a-702(1)(b); or
(B)
the special meeting was not held in accordance with the notice.
(2)
A court that orders a meeting under Subsection (1) may:
(a)
fix the time and place of the meeting;
(b)
determine the members entitled to participate in the meeting;
(c)
specify a record date for determining members entitled to notice of and to vote at the meeting;
(d)
prescribe the form and content of the notice of the meeting;
(e)
(i)
fix the quorum required for specific matters to be considered at the meeting; or
(ii)
direct that the votes represented at the meeting constitute a quorum for action on the specific matters to be considered at the meeting; and
(f)
enter other orders necessary or appropriate to accomplish the holding of the meeting.
