16-6a-703. Court-ordered meeting.
(1) (a) Upon an application described in Subsection (1)(b)
the holding of a meeting of the members may be summarily ordered by:
(i) the
district court of the county in this state where the nonprofit corporation's
principal office is located; or
(ii) if
the nonprofit corporation has no principal office in this state, the district
court in and for Salt Lake County.
(b) Subsection (1)(a) applies to an application by:
(i) any
voting member entitled to participate in an annual meeting if an annual meeting
was required to be held and was not held within 15 months after:
(A)
the corporation's last annual meeting; or
(B)
if there has been no annual meeting, the date of incorporation; or
(ii) any
person who participated in a call of or demand for a special meeting effective
under Subsection 16-6a-702(1),
if:
(A)
notice of the special meeting was not given within 30 days after:
(I)
the date of the call; or
(II)
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
(B)
the special meeting was not held in accordance with the notice.
(2) A court that orders a meeting under Subsection (1) 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;
(e) (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 364, 2008 General Session