Utah Code 16-6a-714. Quorum and voting requirements for voting groups

(1)

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Terms Used In Utah Code 16-6a-714

Bylaws: includes :

(i)	amended bylaws; and

(ii)

restated bylaws. 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

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

Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.

Vote: includes authorization by:

(a)	written ballot; and

(b)	written consent. See Utah Code 16-6a-102 Voting group: means all the members of one or more classes of members or directors that, under this chapter, the articles of incorporation, or the bylaws, are entitled to vote and be counted together collectively on a matter. See Utah Code 16-6a-102
(a)	Members entitled to vote as a separate voting group may take action on a matter at a meeting only if a quorum of those members exists with respect to that matter.

(b)	Unless otherwise provided in this chapter or in accordance with Section 16-6a-716, at a meeting of the voting group, the members of the voting group that are represented for any purpose at the meeting constitute a quorum of that voting group for action on a matter.

(2)

Once a member is represented for any purpose at a meeting, including the purpose of determining that a quorum exists, the member is considered present for quorum purposes:

(a)	for the remainder of the meeting; and

(b)

for any adjournment of that meeting, unless:

(i)	otherwise provided in the bylaws; or

(ii)	a new record date is or shall be set for that adjourned meeting.

(3)

Action on a matter other than the election of directors by a voting group is approved if:

(a)	a quorum exists;

(b)	the votes cast within the voting group favoring the action exceed the votes cast within the voting group opposing the action; and

(c)	a greater number of affirmative votes is not required by this chapter or the bylaws.

(4)	The election of directors is governed by Section 16-6a-717.

Amended by Chapter 13, 2001 Special Session 1
Amended by Chapter 13, 2001 Special Session 1

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