16-6a-820. Resignation and
removal of officers.
(1) An officer may resign at any time by giving written
notice of resignation to the nonprofit corporation.
(2) A resignation of an officer is effective when the notice
is received by the nonprofit corporation unless the notice specifies a later
effective date.
(3) If a resignation is made effective at a later date, the
board of directors may:
(a) (i) permit the officer to remain in office until
the effective date; and
(ii) fill
the pending vacancy before the effective date if the successor does not take
office until the effective date; or
(b) (i) remove the officer at any time before the
effective date; and
(ii) fill
the vacancy created by the removal.
(4) (a) Unless otherwise provided in the bylaws, the board
of directors may remove any officer at any time with or without cause.
(b) The bylaws or the board of directors may make
provisions for the removal of officers by:
(i) other
officers; or
(ii) the
voting members.
(5) An officer who resigns, is removed, or whose appointment
has expired may deliver to the division for filing a statement to that effect
pursuant to Section 16-6a-1608.
Enacted by Chapter 300, 2000 General Session