(1) (a) The applicable court may remove a director in a proceeding commenced either 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: (i) the director engaged in: (A) fraudulent or dishonest conduct; or (B) gross abuse of authority or discretion with respect to the nonprofit corporation; or (ii) (A) a final judgment has been entered finding that the director has violated a duty set forth in Section 16-6a-822; and (B) removal is in the best interests of the nonprofit corporation. (b) For purposes of this Subsection (1), the applicable court is the: (i) district court of the county in this state where a nonprofit corporation's principal office is located; or (ii) if the nonprofit corporation has no principal office in this state: (A) the district court of the county in which its registered office is located; or (B) if the nonprofit corporation has no registered office, the district court for Salt Lake County.
(a) The applicable court may remove a director in a proceeding commenced either 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: (i) the director engaged in: (A) fraudulent or dishonest conduct; or (B) gross abuse of authority or discretion with respect to the nonprofit corporation; or (ii) (A) a final judgment has been entered finding that the director has violated a duty set forth in Section 16-6a-822; and (B) removal is in the best interests of the nonprofit corporation.
(i) the director engaged in: (A) fraudulent or dishonest conduct; or (B) gross abuse of authority or discretion with respect to the nonprofit corporation; or
(A) fraudulent or dishonest conduct; or
(B) gross abuse of authority or discretion with respect to the nonprofit corporation; or
(ii) (A) a final judgment has been entered finding that the director has violated a duty set forth in Section 16-6a-822; and (B) removal is in the best interests of the nonprofit corporation.
(A) a final judgment has been entered finding that the director has violated a duty set forth in Section 16-6a-822; and
(B) removal is in the best interests of the nonprofit corporation.
(b) For purposes of this Subsection (1), the applicable court is the: (i) district court of the county in this state where a nonprofit corporation's principal office is located; or (ii) if the nonprofit corporation has no principal office in this state: (A) the district court of the county in which its registered office is located; or (B) if the nonprofit corporation has no registered office, the district court for Salt Lake County.
(i) district court of the county in this state where a nonprofit corporation's principal office is located; or
(ii) if the nonprofit corporation has no principal office in this state: (A) the district court of the county in which its registered office is located; or (B) if the nonprofit corporation has no registered office, the district court for Salt Lake County.
(A) the district court of the county in which its registered office is located; or
(B) if the nonprofit corporation has no registered office, the district court for Salt Lake County.
(2) The court that removes a director may bar the director for a period prescribed by the court from: (a) reelection; (b) reappointment; or (c) designation.
(a) reelection;
(b) reappointment; or
(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.