Utah § 6a-713 - Nonprofit corporation's acceptance of votes.
Full text of Utah Utah Code § 6a-713 — Nonprofit corporation's acceptance of votes., with citation guidance and answers to common questions.
§ 6a-713. Nonprofit corporation's acceptance of votes.
16-6a-713.
Nonprofit corporation's acceptance of votes.
(1)
If the name signed on any of the following corresponds to the name of a member, the nonprofit corporation, if acting in good faith, may accept and give the following effect as the act of the member:
(a)
a vote;
(b)
a consent;
(c)
a written ballot;
(d)
a waiver;
(e)
a proxy appointment; or
(f)
a proxy appointment revocation.
(2)
If the name signed on any writing listed in Subsection (1) does not correspond to the name of a member, the nonprofit corporation, if acting in good faith, may accept the writing and give it effect as the act of the member if:
(a)
(i)
the member is an entity; and
(ii)
the name signed purports to be that of an officer or agent of the entity;
(b)
(i)
the name signed purports to be that of an administrator, executor, guardian, or conservator representing the member; and
(ii)
evidence of fiduciary status acceptable to the nonprofit corporation with respect to the writing listed in Subsection (1) that:
(A)
has been requested by the nonprofit corporation; and
(B)
is presented to the nonprofit corporation;
(c)
(i)
the name signed purports to be that of a receiver or trustee in bankruptcy of the member; and
(ii)
evidence of this status acceptable to the nonprofit corporation with respect to the writing listed in Subsection (1) that:
(A)
has been requested by the nonprofit corporation; and
(B)
is presented to the nonprofit corporation;
(d)
(i)
the name signed purports to be that of a pledgee, beneficial owner, or attorney-in-fact of the member; and
(ii)
evidence acceptable to the nonprofit corporation of the signatory's authority to sign for the member has been presented with respect to the writing listed in Subsection (1) that:
(A)
has been requested by the nonprofit corporation; and
(B)
is presented to the nonprofit corporation;
(e)
(i)
two or more persons are the member as cotenants or fiduciaries;
(ii)
the name signed purports to be the name of at least one of the cotenants or fiduciaries; and
(iii)
the person signing appears to be acting on behalf of all the cotenants or fiduciaries; or
(f)
the acceptance of the writing listed in Subsection (1) is otherwise proper under rules established by the nonprofit corporation that are not inconsistent with this Subsection (2).
(3)
The nonprofit corporation is entitled to reject a writing listed in Subsection (1) if the secretary or other officer or agent authorized to tabulate votes, acting in good faith, has reasonable basis for doubt about:
(a)
the validity of the signature on it; or
(b)
the signatory's authority to sign for the member.
(4)
The nonprofit corporation and its officer or agent who accepts or rejects a writing listed in Subsection (1) in good faith and in accordance with the standards of this section are not liable in damages for the consequences of the acceptance or rejection.
(5)
Corporate action based on the acceptance or rejection of a writing listed in Subsection (1) under this section is valid unless a court of competent jurisdiction determines otherwise.
Section 6a-713 ("Nonprofit corporation's acceptance of votes.") 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-713?
A common citation format is "Utah Code § 6a-713" (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-713 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.
