Utah § 6a-710 - Members' list for meeting and action by written ballot.
Full text of Utah Utah Code § 6a-710 — Members' list for meeting and action by written ballot., with citation guidance and answers to common questions.
§ 6a-710. Members' list for meeting and action by written ballot.
Effective 7/1/2024 16-6a-710.
Members' list for meeting and action by written ballot.
(1)
(a)
Unless otherwise provided by the bylaws, after fixing a record date for a notice of a meeting or for determining the members entitled to take action by written ballot, a nonprofit corporation shall prepare a list of the names of all the nonprofit corporation's members who are:
show the address of each member entitled to notice of, and to vote at, the meeting or to take such action by written ballot; and
(iv)
show the number of votes each member is entitled to vote at the meeting or by written ballot.
(2)
(a)
If prepared in connection with a meeting of the members, the members' list required by Subsection (1) shall be available for inspection by any member entitled to vote at the meeting:
(i)
(A)
beginning the earlier of:
(I)
10 days before the meeting for which the list was prepared; or
(II)
two business days after notice of the meeting is given; and
(B)
continuing through the meeting, and any adjournment of the meeting; and
(ii)
(A)
at the nonprofit corporation's principal office; or
(B)
at a place identified in the notice of the meeting in the city where the meeting will be held.
(b)
(i)
The nonprofit corporation shall make the members' list required by Subsection (1) available at the meeting.
(ii)
Any member entitled to vote at the meeting or an agent or attorney of a member entitled to vote at the meeting is entitled to inspect the members' list at any time during the meeting or any adjournment.
(c)
A member entitled to vote at the meeting, or an agent or attorney of a member entitled to vote at the meeting, is entitled on written demand to inspect and, subject to Subsection 16-6a-1602(3) and Subsections 16-6a-1603(2) and (3), to copy a members' list required by Subsection (1):
(i)
during:
(A)
regular business hours; and
(B)
the period it is available for inspection; and
(ii)
at the member's expense.
(3)
(a)
A member of a nonprofit corporation may petition a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, if the nonprofit corporation refuses to allow a member entitled to vote at the meeting or by the written ballot, or an agent or attorney of a member entitled to vote at the meeting or by the written ballot, to inspect or copy the members' list during the period the nonprofit corporation is required to be available for inspection under Subsection (2).
(b)
If a petition is filed under Subsection (3)(a), the court may:
(i)
summarily order the inspection or copying of the members' list at the nonprofit corporation's expense; and
(ii)
until the inspection or copying is complete:
(A)
postpone or adjourn the meeting for which the members' list was prepared; or
(B)
postpone the time when the nonprofit corporation must receive written ballots in connection with which the members' list was prepared.
(4)
If a court orders inspection or copying of a members' list pursuant to Subsection (3), unless the nonprofit corporation proves that it refused inspection or copying of the list in good faith because it had a reasonable basis for doubt about the right of the member or the agent or attorney of the member to inspect or copy the members' list:
(a)
the court shall order the nonprofit corporation to pay the member's costs, including reasonable counsel fees, incurred in obtaining the order;
(b)
the court may order the nonprofit corporation to pay the member for any damages the member incurred; and
(c)
the court may grant the member any other remedy afforded the member by law.
(5)
If a court orders inspection or copying of a members' list pursuant to Subsection (3), the court may impose reasonable restrictions on the use or distribution of the list by the member.
(6)
Failure to prepare or make available the members' list does not affect the validity of action taken at the meeting or by means of the written ballot.
Section 6a-710 ("Members' list for meeting and action by written ballot.") 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-710?
A common citation format is "Utah Code § 6a-710" (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-710 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.
