Superseded May 12, 2015.
16-6a-1302. Authorized
distributions.
(1) A nonprofit corporation may:
(a) make distributions or distribute the nonprofit
corporation's assets to a member:
(i) that
is a domestic or foreign nonprofit corporation;
(ii) of a
mutual benefit corporation, not inconsistent with its bylaws; or
(iii) that
is a governmental entity;
(b) pay compensation in a reasonable amount to its
members, directors, or officers for services rendered;
(c) if a cooperative nonprofit corporation, make
distributions consistent with its purposes; and
(d) confer benefits upon its members in conformity
with its purposes.
(2) A nonprofit corporation may make distributions upon
dissolution as follows:
(a) to a member that is a domestic or foreign
nonprofit corporation;
(b) to its members if it is a mutual benefit
corporation;
(c) to another nonprofit corporation, including a
nonprofit corporation organized to receive the assets of and function in place
of the dissolved nonprofit corporation; and
(d) otherwise in conformity to this chapter.
(3) A mutual benefit corporation may purchase a member's
membership in conformity with Section 16-6a-610 if,
after the purchase is completed:
(a) the mutual benefit corporation would be able to
pay its debts as they become due in the usual course of its activities; and
(b) the mutual benefit corporation's total assets
would at least equal the sum of its total liabilities.
(4) Authorized distributions by a dissolved nonprofit
corporation may be made by authorized officers or directors, including those
elected, hired, or otherwise selected after dissolution if the election,
hiring, or other selection after dissolution is not inconsistent with the
articles of incorporation and bylaws existing at the time of dissolution.
Amended by Chapter 386, 2009 General Session