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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!

16-6a-809.   Removal of directors by judicial proceeding.  

(1) (a) The applicable court may remove a director in a proceeding commenced either by the nonprofit corporation or by voting members holding at least 10% of the votes entitled to be cast in the election of the director's successor if the court finds that:
            (i) the director engaged in:
                        (A) fraudulent or dishonest conduct; or
                        (B) gross abuse of authority or discretion with respect to the nonprofit corporation; or
            (ii) (A) a final judgment has been entered finding that the director has violated a duty set forth in Section 16-6a-822; and
                        (B) removal is in the best interests of the nonprofit corporation.
     (b) For purposes of this Subsection (1), the applicable court is the:
            (i) district court of the county in this state where a nonprofit corporation's principal office is located; or
            (ii) if the nonprofit corporation has no principal office in this state:
                        (A) the district court of the county in which its registered office is located; or
                        (B) if the nonprofit corporation has no registered office, the district court for Salt Lake County.

(2) The court that removes a director may bar the director for a period prescribed by the court from:
     (a) reelection;
     (b) reappointment; or
     (c) designation.

(3) If voting members commence a proceeding under Subsection (1), the voting members shall make the nonprofit corporation a party defendant.

(4) A director who is removed pursuant to this section may deliver to the division for filing a statement to that effect pursuant to Section 16-6a-1608

Amended by Chapter 9, 2001 General Session

Amended by Chapter 127, 2001 General Session