(1) Unless otherwise provided by the bylaws:

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Terms Used In Utah Code 16-6a-711

  • Bylaws: includes :
              (6)(b)(i) amended bylaws; and
              (6)(b)(ii) restated bylaws. See Utah Code 16-6a-102
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Member: includes :
              (34)(b)(i) "voting member"; and
              (34)(b)(ii) a shareholder in a water company. See Utah Code 16-6a-102
  • Membership: refers to the rights and obligations of a member or members. See Utah Code 16-6a-102
  • Share: means a unit of interest in a nonprofit corporation. See Utah Code 16-6a-102
  • Vote: includes authorization by:
         (55)(a) written ballot; and
         (55)(b) written consent. See Utah Code 16-6a-102
     (1)(a) only voting members may vote with respect to any matter required or permitted under this chapter to be submitted to a vote of the members;
     (1)(b) all references in this chapter to votes of or voting by the members permit voting only by the voting members; and
     (1)(c) voting members may vote with respect to all matters required or permitted under this chapter to be submitted to a vote of the members.
(2) Unless otherwise provided by the bylaws, each member entitled to vote may cast:

     (2)(a) one vote on each matter submitted to a vote of members for nonprofit corporations other than those in Subsection (2)(b); and
     (2)(b) one vote for each share held by the member on each matter submitted for a vote of members if the nonprofit corporation issues shares to its members.
(3) Unless otherwise provided by the bylaws, if a membership stands of record in the names of two or more persons, the membership’s acts with respect to voting have the following effect:

     (3)(a) If only one votes, the act binds all of the persons whose membership is jointly held.
     (3)(b) If more than one votes, the vote is divided on a pro-rata basis.