Unless a nonprofit corporation's articles of incorporation provide otherwise:

(1) to the same extent as a director, an officer of the nonprofit corporation is entitled to:
     (a) mandatory indemnification under Section 16-6a-903; and
     (b) apply for court-ordered indemnification under Section 16-6a-905;

(2) a nonprofit corporation may indemnify and advance expenses to an officer, employee, fiduciary, or agent of the nonprofit corporation to the same extent as to a director; and

(3) a nonprofit corporation may indemnify and advance expenses to an officer, employee, fiduciary, or agent who is not a director to a greater extent if:
     (a) not inconsistent with public policy; and
     (b) provided for by:
            (i) its articles of incorporation or bylaws;
            (ii) general or specific action of its board of directors; or
            (iii) contract. 

Amended by Chapter 197, 2002 General Session