United States — Utah Act or statute

United States — Utah legislation

Utah Code § 11-13a-103, 2017

A governing board must manage the corporation’s affairs, elect a chair, and members owe fiduciary duties; it may elect other officers and set office terms.

board governancefiduciary dutyoffice tenureofficer rolesofficers

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01

Purpose and legislative effect

“A governing board must manage the corporation’s affairs, elect a chair, and members owe fiduciary duties; it may elect other officers and set office terms.”

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02

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Governance -- Powers of governing body.

A governing board must manage the corporation’s affairs, elect a chair, and members owe fiduciary duties; it may elect other officers and set office terms.

Section 11-13a-103

Subsection 11-13a-103(2)

Each governing board member owes a fiduciary duty to the governmental nonprofit corporation.

Section 11-13a-103(2)

Subsection 11-13a-103(3)(b)

Subject to Subsection (4), the board may elect other officers as it considers appropriate.

Section 11-13a-103(3)(b)

Subsection 11-13a-103(4)(a)

One person may not simultaneously hold certain pairs of offices: chair and treasurer, chair and clerk, or treasurer and clerk.

Section 11-13a-103(4)(a)

04

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In force source record

Source record from le.utah.gov · Enacted 2017

In force

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Showing 10 of 10 provisions

Provision 10
§ 11-13a-103Governance -- Powers of governing body.Provision

A governing board must manage the corporation’s affairs, elect a chair, and members owe fiduciary duties; it may elect other officers and set office terms.

Governance -- Powers of governing body. A governing board shall manage and direct the business and affairs of a governmental nonprofit corporation. Each member of a governing board has and owes a fiduciary duty to the governmental nonprofit corporation. A governing board: shall elect a chair from the members of the board; and subject to Subsection (4) , may elect other officers as the board considers appropriate. One person may not hold, at the same time, the offices of chair and treasurer, chair and clerk, or treasurer and clerk. An officer serves at the pleasure of the governing board. The governing board may designate a set term for each office.
Section 11-13a-103Verify source
§ 11-13a-103(1)Subsection 11-13a-103(1)Provision

A governing board must manage and direct the business and affairs of a governmental nonprofit corporation.

A governing board shall manage and direct the business and affairs of a governmental nonprofit corporation.
Section 11-13a-103(1)Verify source
§ 11-13a-103(2)Subsection 11-13a-103(2)Provision

Each governing board member owes a fiduciary duty to the governmental nonprofit corporation.

Each member of a governing board has and owes a fiduciary duty to the governmental nonprofit corporation.
Section 11-13a-103(2)Verify source
§ 11-13a-103(3)Subsection 11-13a-103(3)Provision

A governing board must elect a chair from its members and may elect other officers if allowed by Subsection (4).

A governing board: shall elect a chair from the members of the board; and subject to Subsection (4) , may elect other officers as the board considers appropriate.
Section 11-13a-103(3)Verify source
§ 11-13a-103(3)(a)Subsection 11-13a-103(3)(a)Provision

The board must elect a chair from among its members.

shall elect a chair from the members of the board; and
Section 11-13a-103(3)(a)Verify source
§ 11-13a-103(3)(b)Subsection 11-13a-103(3)(b)Provision

Subject to Subsection (4), the board may elect other officers as it considers appropriate.

subject to Subsection (4) , may elect other officers as the board considers appropriate.
Section 11-13a-103(3)(b)Verify source
§ 11-13a-103(4)Subsection 11-13a-103(4)Provision

A person may not hold two of the listed offices at the same time. An officer serves at the governing board’s pleasure, and the board may set a term for each office.

One person may not hold, at the same time, the offices of chair and treasurer, chair and clerk, or treasurer and clerk. An officer serves at the pleasure of the governing board. The governing board may designate a set term for each office.
Section 11-13a-103(4)Verify source
§ 11-13a-103(4)(a)Subsection 11-13a-103(4)(a)Provision

One person may not simultaneously hold certain pairs of offices: chair and treasurer, chair and clerk, or treasurer and clerk.

One person may not hold, at the same time, the offices of chair and treasurer, chair and clerk, or treasurer and clerk.
Section 11-13a-103(4)(a)Verify source
§ 11-13a-103(4)(b)Subsection 11-13a-103(4)(b)Provision

An officer serves at the pleasure of the governing board.

An officer serves at the pleasure of the governing board.
Section 11-13a-103(4)(b)Verify source
§ 11-13a-103(4)(c)Subsection 11-13a-103(4)(c)Provision

The governing board may designate a set term for each office.

The governing board may designate a set term for each office.
Section 11-13a-103(4)(c)Verify source

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