16-10a-1022 - Bylaw changing quorum or voting requirement for directors. - Utah Statutes

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Statutes > Utah > Title-16 > Chapter-10a > 16-10a-1022

16-10a-1022. Bylaw changing quorum or voting requirement for directors.
(1) A bylaw that fixes a greater quorum or voting requirement for the board of directorsthan is required by this chapter may be amended or repealed:
(a) if originally adopted by the shareholders, only by the shareholders, unless otherwisepermitted as contemplated by Subsection (2); or
(b) if originally adopted by the board of directors, by the shareholders or unless otherwiseprovided in the articles of incorporation or bylaws, by the board of directors.
(2) A bylaw adopted or amended by the shareholders that fixes a greater quorum orvoting requirement for the board of directors may provide that it may be amended or repealedonly by a specified vote of either the shareholders or the board of directors.
(3) Action by the board of directors under Subsection (1)(b) to amend or repeal a bylawthat changes the quorum or voting requirement for the board of directors shall meet the samequorum requirement and be adopted by the same vote required to take action under the quorumand voting requirement then in effect or proposed to be adopted, whichever is greater.

Amended by Chapter 378, 2010 General Session

State Codes and Statutes

Statutes > Utah > Title-16 > Chapter-10a > 16-10a-1022

16-10a-1022. Bylaw changing quorum or voting requirement for directors.
(1) A bylaw that fixes a greater quorum or voting requirement for the board of directorsthan is required by this chapter may be amended or repealed:
(a) if originally adopted by the shareholders, only by the shareholders, unless otherwisepermitted as contemplated by Subsection (2); or
(b) if originally adopted by the board of directors, by the shareholders or unless otherwiseprovided in the articles of incorporation or bylaws, by the board of directors.
(2) A bylaw adopted or amended by the shareholders that fixes a greater quorum orvoting requirement for the board of directors may provide that it may be amended or repealedonly by a specified vote of either the shareholders or the board of directors.
(3) Action by the board of directors under Subsection (1)(b) to amend or repeal a bylawthat changes the quorum or voting requirement for the board of directors shall meet the samequorum requirement and be adopted by the same vote required to take action under the quorumand voting requirement then in effect or proposed to be adopted, whichever is greater.

Amended by Chapter 378, 2010 General Session

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State Codes and Statutes

Statutes > Utah > Title-16 > Chapter-10a > 16-10a-1022

16-10a-1022. Bylaw changing quorum or voting requirement for directors.
(1) A bylaw that fixes a greater quorum or voting requirement for the board of directorsthan is required by this chapter may be amended or repealed:
(a) if originally adopted by the shareholders, only by the shareholders, unless otherwisepermitted as contemplated by Subsection (2); or
(b) if originally adopted by the board of directors, by the shareholders or unless otherwiseprovided in the articles of incorporation or bylaws, by the board of directors.
(2) A bylaw adopted or amended by the shareholders that fixes a greater quorum orvoting requirement for the board of directors may provide that it may be amended or repealedonly by a specified vote of either the shareholders or the board of directors.
(3) Action by the board of directors under Subsection (1)(b) to amend or repeal a bylawthat changes the quorum or voting requirement for the board of directors shall meet the samequorum requirement and be adopted by the same vote required to take action under the quorumand voting requirement then in effect or proposed to be adopted, whichever is greater.

Amended by Chapter 378, 2010 General Session