16-6a-703. Court-ordered meeting.

304 words·~1 min read·/ut/title-16/chapter-6a/16-6a-703·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 7/1/2024

(a)A voting member entitled to participate in an annual meeting may petition a court with jurisdiction under Title 78A, Judiciary and Judicial Administration , if an annual meeting was required to be held and was not held within 15 months after:

(i)the corporation's last annual meeting; or

(ii)if there has been no annual meeting, the date of incorporation.

(b)A person who participated in a call of or demand for a special meeting effective under Subsection 16-6a-702(1) may petition a court with jurisdiction under Title 78A, Judiciary and Judicial Administration , if:

(i)notice of the special meeting was not given within 30 days after

the date of the call or

the date the last of the demands necessary to require the calling of the meeting was received by the nonprofit corporation pursuant to Subsection 16-6a-702(1)(b) ; or

(ii)the special meeting was not held in accordance with the notice.

(2)If a petition is filed under this section, the court may summarily order the holding of a meeting of the members.

(3)A court that orders a meeting under Subsection

(2)may:

(a)fix the time and place of the meeting;

(b)determine the members entitled to participate in the meeting;

(c)specify a record date for determining members entitled to notice of and to vote at the meeting;

(d)prescribe the form and content of the notice of the meeting;

(i)fix the quorum required for specific matters to be considered at the meeting; or

(ii)direct that the votes represented at the meeting constitute a quorum for action on the specific matters to be considered at the meeting; and

(f)enter other orders necessary or appropriate to accomplish the holding of the meeting.

Amended by Chapter 401 , 2023 General Session