16-6a-814.  Notice of meeting.

(1) 

Need help reviewing 501c forms? Chat with an attorney and protect your rights.

Terms Used In Utah Code 16-6a-814

  • 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.
  • Director: means a member of the board of directors. 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
  • Vote: includes authorization by:
    (a) written ballot; and
    (b) written consent. See Utah Code 16-6a-102
    (a)  A nonprofit corporation shall give to each director entitled to vote at an annual meeting notice of the annual meeting consistent with the nonprofit corporation’s bylaws in a fair and reasonable manner.

    (b)  Any notice that conforms to the requirements of Subsection (1)(c) is fair and reasonable, but other means of giving notice may also be fair and reasonable when all the circumstances are considered.

    (c)  Notice under Subsection (1)(a) is fair and reasonable if the nonprofit corporation notifies each director of the place, date, and time of the annual meeting:

    (i)  no fewer than 10 days before the meeting, unless otherwise provided by the bylaws;

    (ii)  if notice is mailed by other than first-class or registered mail, no fewer than 30 days, nor more than 60 days before the meeting date; and

    (iii)  if notice is given:

    (A)  by newspaper as provided in Subsection 16-6a-103(2)(b)(i)(A), by publication three separate times with:

    (I)  the first of the publications no more than 60 days before the meeting date; and

    (II)  the last of the publications no fewer than 10 days before the meeting date; and

    (B) 

    (I)  as provided in Subsection 16-6a-103(2)(b)(i)(B); and

    (II)  for 60 days before the meeting date.
  • (2)  Unless otherwise provided in this chapter or in the bylaws, regular meetings of the board of directors may be held without notice of the date, time, place, or purpose of the meeting.

    (3) 

    (a)  Unless the bylaws provide for a longer or shorter period, special meetings of the board of directors shall be preceded by at least two days notice of the date, time, and place of the meeting.

    (b)  The notice required by Subsection (3)(a) need not describe the purpose of the special meeting unless otherwise required by this chapter or the bylaws.

    Amended by Chapter 240, 2015 General Session