STATE STATUTES & CODES
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UTAH STATUTES AND CODES
31A-9-403 - Representative form of government.
31A-9-403. Representative form of government.
(1) A fraternal shall have a supreme governing body consisting either of:
(a) A board of directors is the supreme governing body of a fraternal. It consists of somedirectors elected directly by the members or by their representatives in intermediate assembliesunder Subsection (2), and other directors prescribed in the fraternal's laws. A majority of theboard shall be elected directors, having a sufficient number of votes to amend the articles orbylaws of the fraternal which can be amended without the consent of the members. The boardshall meet at least quarterly to conduct the business of the fraternal. The elected directors shall beelected on a plan that ensures approximately equal weight to each fraternal member's vote. Voting may be by mail.
(b) Delegates elected directly by the members or at intermediate assemblies orconventions of members or their representatives, together with other delegates prescribed in thefraternal's laws form an assembly that is a supreme governing body of a fraternal. A majority ofthe assembly shall be elected delegates, having at least two-thirds of the votes and with asufficient number of votes to amend the articles or bylaws that can be amended without consentof the members. The assembly, whatever designated, shall meet at least once every four yearsand shall elect a board of directors to conduct the business of the fraternal between meetings ofthe assembly. The delegates making up the supreme governing body shall be elected on a planthat ensures approximately equal weight to each fraternal member's vote.
(2) The laws of a fraternal may provide that:
(a) delegates to intermediate assemblies may represent geographical districts or lodges; or
(b) delegates may represent the members in defined classes determined on a reasonablebasis; and
(c) the vote of a representative to an intermediate assembly is treated as the vote of themembers represented.
(3) No votes may be cast by proxy.
(1) A fraternal shall have a supreme governing body consisting either of:
(a) A board of directors is the supreme governing body of a fraternal. It consists of somedirectors elected directly by the members or by their representatives in intermediate assembliesunder Subsection (2), and other directors prescribed in the fraternal's laws. A majority of theboard shall be elected directors, having a sufficient number of votes to amend the articles orbylaws of the fraternal which can be amended without the consent of the members. The boardshall meet at least quarterly to conduct the business of the fraternal. The elected directors shall beelected on a plan that ensures approximately equal weight to each fraternal member's vote. Voting may be by mail.
(b) Delegates elected directly by the members or at intermediate assemblies orconventions of members or their representatives, together with other delegates prescribed in thefraternal's laws form an assembly that is a supreme governing body of a fraternal. A majority ofthe assembly shall be elected delegates, having at least two-thirds of the votes and with asufficient number of votes to amend the articles or bylaws that can be amended without consentof the members. The assembly, whatever designated, shall meet at least once every four yearsand shall elect a board of directors to conduct the business of the fraternal between meetings ofthe assembly. The delegates making up the supreme governing body shall be elected on a planthat ensures approximately equal weight to each fraternal member's vote.
(2) The laws of a fraternal may provide that:
(a) delegates to intermediate assemblies may represent geographical districts or lodges; or
(b) delegates may represent the members in defined classes determined on a reasonablebasis; and
(c) the vote of a representative to an intermediate assembly is treated as the vote of themembers represented.
(3) No votes may be cast by proxy.
Amended by Chapter 20, 1995 General Session
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