Utah Revised Nonprofit Corporation Act
Utah Code Title 16, Chapter 6a
Click here for the current Nonprofit Corporation Act.
The below is not updated with new changes to the law after 2018!
(1) A nonprofit
corporation shall give to each member entitled to vote at the meeting notice
consistent with its bylaws of meetings of members in a fair and reasonable
manner.
(2) Any notice that conforms to the requirements of
Subsection (3) is fair and reasonable, but other means of giving notice may
also be fair and reasonable when all the circumstances are considered.
(3) Notice is fair and reasonable if:
(a) the nonprofit corporation notifies its members of
the place, date, and time of each annual, regular, and special meeting of
members:
(i) no
fewer than 10 days before the meeting;
(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) by publication in accordance with Section 45-1-101;
and
(II)
as provided in Subsection 16-6a-103(2)(b)(i)(B),
for 60 days before the meeting date;
(b) the notice of an annual or regular meeting
includes a description of any matter or matters that:
(i) must
be approved by the members; or
(ii) for
which the members' approval is sought under Sections 16-6a-825, 16-6a-910, 16-6a-1003, 16-6a-1010, 16-6a-1102, 16-6a-1202,
and 16-6a-1402;
and
(c) unless otherwise provided by this chapter or the
bylaws, the notice of a special meeting includes a description of the purpose
or purposes for which the meeting is called.
(4) (a) Unless otherwise provided by the bylaws, if an
annual, regular, or special meeting of members is adjourned to a different
date, time, or place, notice need not be given of the new date, time, or place,
if the new date, time, or place is announced at the meeting before adjournment.
(b) Notwithstanding Subsection (4)(a), if a new record
date for the adjourned meeting is or shall be fixed under Section 16-6a-706,
notice of the adjourned meeting shall be given under this section to the
members of record as of the new record date.
(5) When giving notice of an annual, regular, or special
meeting of members, a nonprofit corporation shall give notice of a matter a
member intends to raise at the meeting if:
(a) requested in writing to do so by a person entitled
to call a special meeting; and
(b) the request is received by the secretary or
president of the nonprofit corporation at least 10 days before the nonprofit
corporation gives notice of the meeting.
Amended by Chapter 388, 2009 General Session