Full text of Utah Utah Code § 6a-117 — Judicial relief., with citation guidance and answers to common questions.
§ 6a-117. Judicial relief.
Effective 7/1/2024 16-6a-117.
Judicial relief.
(1)
(a)
A director, officer, delegate, or member may petition a court to take an action provided in Subsection (1)(b) if for any reason it is impractical or impossible for a nonprofit corporation in the manner prescribed by this chapter or the nonprofit corporation's articles of incorporation or bylaws to:
(i)
call or conduct a meeting of the nonprofit corporation's members, delegates, or directors; or
(ii)
otherwise obtain the consent of the nonprofit corporation's members, delegates, or directors.
(b)
If a petition is filed under Subsection (1)(a), the court, in the manner the court finds fair and equitable under the circumstances, may order that:
(i)
a meeting be called; or
(ii)
a written consent or other form of obtaining the vote of members, delegates, or directors be authorized.
(2)
(a)
A court shall, in an order issued pursuant to this section, provide for a method of notice reasonably designed to give actual notice to all persons who would be entitled to notice of a meeting held pursuant to this chapter, the articles of incorporation, or bylaws.
(b)
The method of notice described in Subsection (1) complies with this section whether or not the method of notice:
(i)
results in actual notice to all persons described in Subsection (2)(a); or
(ii)
conforms to the notice requirements that would otherwise apply.
(c)
In a proceeding under this section, the court may determine who are the members or directors of a nonprofit corporation.
(3)
An order issued pursuant to this section may dispense with any requirement relating to the holding of or voting at meetings or obtaining votes that would otherwise be imposed by this chapter or the nonprofit corporation's articles of incorporation, or bylaws, including any requirement as to:
(a)
quorums; or
(b)
the number or percentage of votes needed for approval.
(4)
(a)
Whenever practical, any order issued pursuant to this section shall limit the subject matter of a meeting or other form of consent authorized to items the resolution of which will or may enable the nonprofit corporation to continue managing the nonprofit corporation's affairs without further resort to this section, including amendments to the articles of incorporation or bylaws.
(b)
Notwithstanding Subsection (4)(a), an order under this section may authorize the obtaining of whatever votes and approvals are necessary for the dissolution, merger, or sale of assets of a nonprofit corporation.
(5)
A meeting or other method of obtaining the vote of members, delegates, or directors conducted pursuant to and that complies with an order issued under this section:
(a)
is for all purposes a valid meeting or vote, as the case may be; and
(b)
shall have the same force and effect as if it complied with every requirement imposed by this chapter or the nonprofit corporation's articles of incorporation or bylaws.
(6)
In addition to a meeting held under this section, a court-ordered meeting may be held pursuant to Section 16-6a-703.
Section 6a-117 ("Judicial relief.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 6a-117?
A common citation format is "Utah Code § 6a-117" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 6a-117 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
