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Terms Used In Utah Code 16-6a-703 v2
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.
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
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
A voting member entitled to participate in an annual meeting may petition a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, if an annual meeting was required to be held and was not held within 15 months after:
(i)
the corporation‘s last annual meeting; or
(ii)
if there has been no annual meeting, the date of incorporation.
notice of the special meeting was not given within 30 days after the date of the call or 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
(ii)
the special meeting was not held in accordance with the notice.
(2)
If a petition is filed under this section, the court may summarily order the holding of a meeting of the members.
(3)
A court that orders a meeting under Subsection (2) 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.
