Full text of Utah Utah Code § 6a-304 — Ultra vires., with citation guidance and answers to common questions.
§ 6a-304. Ultra vires.
16-6a-304.
Ultra vires.
(1)
Except as provided in Subsection (2), the validity of corporate action may not be challenged on the ground that the nonprofit corporation lacks or lacked power to act.
(2)
A nonprofit corporation's power to act may be challenged:
(a)
in a proceeding against the nonprofit corporation to enjoin the act brought by:
(i)
a director; or
(ii)
one or more voting members in a derivative proceeding;
(b)
in a proceeding by or in the right of the nonprofit corporation, whether directly, derivatively, or through a receiver, trustee, or other legal representative, against an incumbent or former director, officer, employee, or agent of the nonprofit corporation; or
(c)
in a proceeding by the attorney general under Section 16-6a-1414.
(3)
In a proceeding under Subsection (2)(a) to enjoin an unauthorized corporate act, the court may:
(a)
enjoin or set aside the act, if:
(i)
it would be equitable to do so; and
(ii)
all affected persons are parties to the proceeding; and
(b)
award damages for loss, including anticipated profits, suffered by the nonprofit corporation or another party because of an injunction issued under this section.
Section 6a-304 ("Ultra vires.") 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-304?
A common citation format is "Utah Code § 6a-304" (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-304 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.
