(1) A director may resign at any time by giving written notice of resignation to the board’s chair, the nonprofit corporation‘s secretary, or as otherwise provided in the bylaws.

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Terms Used In Utah Code 16-6a-807

  • board of directors: means the body authorized to manage the affairs of a domestic or foreign nonprofit corporation. See Utah Code 16-6a-102
  • 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.
  • Deliver: includes delivery by mail or another means of transmission authorized by Section 16-6a-103, except that delivery to the division means actual receipt by the division. See Utah Code 16-6a-102
  • Director: means a member of the board of directors. See Utah Code 16-6a-102
  • Division: means the Division of Corporations and Commercial Code. See Utah Code 16-6a-102
  • Notice: means the same as that term is defined in Section 16-6a-103. See Utah Code 16-6a-102
  • Secretary: means the corporate officer to whom the bylaws or the board of directors delegates responsibility under Subsection 16-6a-818(3) for:
         (47)(a) the preparation and maintenance of:
              (47)(a)(i) minutes of the meetings of:
                   (47)(a)(i)(A) the board of directors; or
                   (47)(a)(i)(B) the members; and
              (47)(a)(ii) the other records and information required to be kept by the nonprofit corporation as described in Section 16-6a-1601; and
         (47)(b) authenticating records of the 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
(2) A resignation of a director is effective when the notice is received by the nonprofit corporation unless the notice specifies a later effective date.
(3) A director who resigns may deliver to the division for filing a statement that the director resigns pursuant to Section 16-6a-1608.
(4) The failure to attend or meet obligations shall be effective as a resignation at the time of the board of director’s vote to confirm the failure if:

     (4)(a) at the beginning of a director’s term on the board, the bylaws provide that a director may be considered to have resigned for failing to:

          (4)(a)(i) attend a specified number of board meetings; or
          (4)(a)(ii) meet other specified obligations of directors; and
     (4)(b) the failure to attend or meet obligations is confirmed by an affirmative vote of the board of directors.