§ 23-17-10-7 — Record date

Indiana § 23-17-10-7

• Jurisdiction: Indiana
• Title 23: BUSINESS AND OTHER ASSOCIATIONS
• Art. 17: NONPROFIT CORPORATIONS
• Ch. 10: Meetings and Action Without Meetings

Text

(a) Bylaws may fix or provide the manner of
fixing the record date to determine the members entitled to notice of a
members' meeting, to demand a special meeting, to vote, or to take any
other action. If the bylaws do not fix or provide for fixing a record date,
the board of directors may fix a future date as a record date. If a record
date is not fixed, the record date is determined as follows:
(1) If members are entitled to notice of a members' meeting, the
record date is the business day preceding the date on which notice
is given, or if notice is waived, at the close of business on the
business day preceding the day on which the meeting is held.
(2) If members are entitled to vote at a members' meeting, the
record date is the date of the meeting.
(3) If members are entitled to exercise any rights in respect of any
other lawful action, the record date is the day on which the board
of directors adopts the resolution relating the action or the sixtieth
day before the date of other action, whichever is later.
(b) A record date fixed under this section may not be more than
seventy (70) days before the meeting or action requiring a
determination of members occurs.
(c) A determination of members entitled to notice of or to vote at a
membership meeting is effective for any adjournment of the meeting
unless the board of directors fixes a new date for determining the right
to notice or the right to vote. A board of directors must fix the new date
if the meeting is adjourned to a date more than seventy (70) days after
the record date for determining members entitled to notice of the
original meeting.
(d) If a court orders a meeting adjourned to a date more than one
hundred twenty (120) days after the date fixed for the original meeting,
the court may:
(1) provide that the original record date for notice or voting
continues in effect; or
(2) fix a new record date for notice or voting.

Legislative History

As added by P.L.179-1991, SEC.1.