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

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