Utah Code 16-6a-705. Waiver of notice

16-6a-705. Waiver of notice.

(1)

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Terms Used In Utah Code 16-6a-705

Bylaws: includes :

(i)	amended bylaws; and

(ii)

restated bylaws. See Utah Code 16-6a-102

Corporate records: means the records described in Section 16-6a-1601. 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.

Member: includes :

(i)	"voting member"; and

(ii)	a shareholder in a water company. See Utah Code 16-6a-102 Notice: means the same as that term is defined in Section 16-6a-103. See Utah Code 16-6a-102 Writing: includes :Utah Code 68-3-12.5
(a)	A member may waive any notice required by this chapter or by the bylaws, whether before or after the date or time stated in the notice as the date or time when any action will occur or has occurred.

(b)

A waiver described in Subsection (1) shall be:

(i)	in writing;

(ii)	signed by the member entitled to the notice; and

(iii)

delivered to the nonprofit corporation for:

(A)	inclusion in the minutes; or

(B)	filing with the corporate records.

(c)	A waiver satisfies the requirements of Subsection (1)(b) if communicated by electronic transmission.

(d)	The delivery and filing required under Subsection (1)(b) may not be conditions of the effectiveness of the waiver.

(2)

A member’s attendance at a meeting:

(a)	waives objection to lack of notice or defective notice of the meeting, unless the member at the beginning of the meeting objects to holding the meeting or transacting business at the meeting because of lack of notice or defective notice; and

(b)	waives objection to consideration of a particular matter at the meeting that is not within the purpose or purposes described in the meeting notice, unless the member objects to considering the matter when it is presented.

Amended by Chapter 240, 2015 General Session

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