Section 601 – No requirement of members.
16-6a-601. No requirement of members. A nonprofit corporation is not required to have members. Enacted by Chapter 300, 2000 General Session
16-6a-601. No requirement of members. A nonprofit corporation is not required to have members. Enacted by Chapter 300, 2000 General Session
16-6a-602. Number and classes. (1) A nonprofit corporation may have: (a) one or more classes of voting or nonvoting members; and (b) one or more members in each class described in Subsection (1)(a). (2) The bylaws may designate: (a) the class or classes of members; and (b) the qualifications and rights of the members of […]
16-6a-603. Admission. (1) The bylaws may establish: (a) criteria or procedures for admission of members; and (b) the procedure for replacing: (i) a member; or (ii) a membership interest. (2) A person may not be admitted as a member without the person’s consent. Amended by Chapter 197, 2002 General Session
16-6a-604. Consideration. Unless otherwise provided by the bylaws, a nonprofit corporation may admit members: (1) for no consideration; or (2) for such consideration as is determined by the board of directors. Enacted by Chapter 300, 2000 General Session
16-6a-605. Differences in rights and obligations of members. Unless otherwise provided by this chapter or the bylaws: (1) all voting members shall have the same rights and obligations with respect to voting and all other matters that this chapter specifically reserves to voting members; and (2) with respect to matters not reserved under Subsection (1), […]
Effective 5/9/2017 16-6a-606. Transfers. (1) Except as provided in Subsection (3), and unless otherwise provided in the articles of incorporation or the bylaws, a member of a nonprofit corporation may not transfer: (a) a membership; or (b) any right arising from a membership. (2) Except as provided in Subsection (3), where transfer rights have been […]
16-6a-607. Creditor’s action against member. A proceeding may not be brought by a creditor to reach the liability, if any, of a member to the nonprofit corporation unless: (1) (a) final judgment has been rendered in favor of the creditor against the nonprofit corporation; and (b) execution has been returned unsatisfied in whole or in […]
16-6a-608. Resignation. (1) Unless otherwise provided by the bylaws, a member may resign at any time. (2) The resignation of a member does not relieve the member from any obligation or commitment the member may have to the nonprofit corporation incurred or made prior to resignation. Enacted by Chapter 300, 2000 General Session
16-6a-609. Termination, expulsion, or suspension. (1) Unless otherwise provided by the bylaws, except pursuant to a procedure that is fair and reasonable: (a) a member of a nonprofit corporation may not be expelled or suspended; and (b) membership in a nonprofit corporation may not be terminated or suspended. (2) For purposes of this section, a […]
Effective 5/9/2017 16-6a-610. Purchase of memberships. (1) Unless otherwise provided in the articles of incorporation or the bylaws, a nonprofit corporation may not purchase the membership of a member: (a) who resigns; or (b) whose membership is terminated. (2) (a) If so authorized, a nonprofit corporation may purchase the membership of a member who resigns […]
Effective 5/9/2017 16-6a-611. Property rights. (1) A member has no right relating to management, control, purpose, or duration of the nonprofit corporation, except as provided by: (a) the articles of incorporation or the bylaws of a mutual benefit corporation; or (b) other applicable law. (2) Unless otherwise provided by agreement, articles of incorporation, or the […]
16-6a-612. Derivative suits. (1) Without affecting the right of a member or director to bring a proceeding against a nonprofit corporation or its directors or officers, a proceeding may be brought in the right of a nonprofit corporation to procure a judgment in its favor by a complainant who is: (a) a voting member; or […]
16-6a-613. Delegates. (1) A nonprofit corporation may provide in its bylaws for delegates having some or all of the authority of members. (2) The bylaws may set forth provisions relating to: (a) the characteristics, qualifications, rights, limitations, and obligations of delegates, including their selection and removal; (b) calling, noticing, holding, and conducting meetings of delegates; […]