Utah Code 16-6a-711. Voting entitlement generally

16-6a-711. Voting entitlement generally.

(1)

Unless otherwise provided by the bylaws:

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Terms Used In Utah Code 16-6a-711

Bylaws: includes :

(i)	amended bylaws; and

(ii)

restated bylaws. 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.

Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.

Member: includes :

(i)	"voting member"; and

(ii)

a shareholder in a water company. See Utah Code 16-6a-102

Membership: refers to the rights and obligations of a member or members. See Utah Code 16-6a-102

Share: means a unit of interest in a nonprofit corporation. See Utah Code 16-6a-102

Vote: includes authorization by:

(a)	written ballot; and

(b)	written consent. See Utah Code 16-6a-102
(a)	only voting members may vote with respect to any matter required or permitted under this chapter to be submitted to a vote of the members;

(b)	all references in this chapter to votes of or voting by the members permit voting only by the voting members; and

(c)	voting members may vote with respect to all matters required or permitted under this chapter to be submitted to a vote of the members.

(2)

Unless otherwise provided by the bylaws, each member entitled to vote may cast:

(a)	one vote on each matter submitted to a vote of members for nonprofit corporations other than those in Subsection (2)(b); and

(b)	one vote for each share held by the member on each matter submitted for a vote of members if the nonprofit corporation issues shares to its members.

(3)

Unless otherwise provided by the bylaws, if a membership stands of record in the names of two or more persons, the membership’s acts with respect to voting have the following effect:

(a)	If only one votes, the act binds all of the persons whose membership is jointly held.

(b)	If more than one votes, the vote is divided on a pro-rata basis.

Amended by Chapter 240, 2015 General Session

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