Utah Code 16-6a-801. Requirement for board of directors

16-6a-801. Requirement for board of directors.

(1)	A nonprofit corporation shall have a board of directors.

Need help reviewing 501c forms?
Have it reviewed by a lawyer, get answers to your questions and move forward with confidence.
Connect with a lawyer now

Terms Used In Utah Code 16-6a-801

Articles of incorporation: include :

(a)	amended articles of incorporation;

(b)	restated articles of incorporation;

(c)	articles of merger; and

(d)

a document of a similar import to the documents described in Subsections (3)(a) through (c). See Utah Code 16-6a-102

board of directors: means the body authorized to manage the affairs of a domestic or foreign nonprofit corporation. See Utah Code 16-6a-102

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.

Person: means an:

(a)	individual; or

(b)

entity. See Utah Code 16-6a-102

(2)

(a)	Except as may otherwise be provided in this chapter, including Subsection (2)(b), all corporate powers shall be exercised by or under the authority of, and the business and affairs of the nonprofit corporation managed under the direction of, the board of directors.

(b)

(i)	The articles of incorporation may authorize one or more persons to exercise some or all of the powers that would otherwise be exercised by the board of directors.

(ii)	To the extent the articles of incorporation authorize a person other than the board of directors to have the authority and perform a duty of the board of directors, the directors shall be relieved to that extent from such authority and duty.

(3)	The board of directors may be divided into classes, each with such respective rights and duties as the articles of incorporation or bylaws may provide.

(4)	The board of directors and the directors may be known by any other name designated in the bylaws.

Amended by Chapter 240, 2015 General Session

Previous section

Next section

Part 8 Contents