Utah § 16-6a-809 Removal of directors by judicial proceeding.

Utah Statutes

§ 16-6a-809 — Removal of directors by judicial proceeding.

Utah § 16-6a-809

Title 16Corporations

Ch. 16-6aUtah Revised Nonprofit Corporation Act

Part 16-6a-8Directors and Officers

This text of Utah § 16-6a-809 (Removal of directors by judicial proceeding.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 16-6a-809 (2026).

Text

(1)(1)(a) A court may remove a director, in an action brought by the nonprofit corporation or by voting members holding at least 10% of the votes entitled to be cast in the election of the director's successor, if the court finds that:

(1)(a)(i) the director engaged in:

(1)(a)(i)(A) fraudulent or dishonest conduct; or

(1)(a)(i)(B) gross abuse of authority or discretion with respect to the nonprofit corporation; or

(1)(a)(ii) (1)(a)(ii)(A) a final judgment has been entered finding that the director has violated a duty set forth in Section 16-6a-822; and

(1)(a)(ii)(B) removal is in the best interests of the nonprofit corporation.

(2)The court that removes a director may bar the director for a period prescribed by the court from:

(2)(a) reelection;

(2)(b) reappointment; or

(2)(c) designat

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(1) (1)(a) A court may remove a director, in an action brought by the nonprofit corporation or by voting members holding at least 10% of the votes entitled to be cast in the election of the director's successor, if the court finds that:
(1)(a)(i) the director engaged in:

(1)(a)(i)(A) fraudulent or dishonest conduct; or
(1)(a)(i)(B) gross abuse of authority or discretion with respect to the nonprofit corporation; or
(1)(a)(ii) (1)(a)(ii)(A) a final judgment has been entered finding that the director has violated a duty set forth in Section 16-6a-822; and
(1)(a)(ii)(B) removal is in the best interests of the nonprofit corporation.
(2) The court that removes a director may bar the director for a period prescribed by the court from:

(2)(a) reelection;
(2)(b) reappointment; or
(2)(c) designation.
(3) If voting members commence a proceeding under Subsection (1), the voting members shall make the nonprofit corporation a party defendant.
(4) A director who is removed pursuant to this section may deliver to the division for filing a statement to that effect pursuant to Section 16-6a-1608.