16-6a-1704. Saving provisions.
(1) (a) Except as provided in Subsection (2), the repeal of
any statute by this act does not affect:
(i) the
operation of the statute or any action taken under it before its repeal;
(ii) any
ratification, right, remedy, privilege, obligation, or liability acquired,
accrued, or incurred under the statute before its repeal;
(iii) any
violation of the statute, or any penalty, forfeiture, or punishment incurred
because of the violation of the statute before its repeal; or
(iv) any
proceeding, reorganization, or dissolution commenced under the statute before
its repeal.
(b) A proceeding, reorganization, or dissolution
described in Subsection (1)(a)(iv) may be completed in accordance with the
repealed statute as if the statute had not been repealed.
(2) If a penalty or punishment imposed for violation of a
statute repealed by this act is reduced by this act, the penalty or punishment
if not already imposed shall be imposed in accordance with this act.
(3) Section 16-6a-707 does
not operate to permit a nonprofit corporation in existence prior to April 30,
2001, to take action by the written consent of fewer than all of the members
entitled to vote with respect to the subject matter of the action, until the
date a resolution providing otherwise is approved either:
(a) by a consent in writing:
(i)
setting forth the proposed resolution; and
(ii)
signed by all of the members entitled to vote with respect to the subject
matter of the resolution; or
(b) at a duly convened meeting of members, by the vote
of the same percentage of members of each voting group as would be required to
include the resolution in an amendment to the nonprofit corporation's articles
of incorporation.
(4) Indemnification for an act or omission of a director or
officer of a nonprofit corporation if the act or omission occurs prior to April
30, 2001, is governed by Title 16, Chapter 6, Utah Nonprofit Corporation and
Co-operative Association Act, in effect as of April 29, 2001.
(5) A nonprofit corporation is not required to amend the
nonprofit corporation's articles of incorporation to state whether its members
are voting members if:
(a) the nonprofit corporation was:
(i) formed
prior to April 30, 2001;
(ii)
formed under the laws of this state; and
(iii)
existing on April 30, 2001; and
(b) the articles of incorporation of the nonprofit
corporation states on April 30, 2001, that the nonprofit corporation has
members.
Amended by Chapter 13, 2001 Special Session 1