16-6a-815. Waiver of notice

(1) (a) A director may waive any notice of a meeting before or after the time and date of the meeting stated in the notice.
      (b) Except as provided by Subsection (2), the waiver shall be:
            (i) in writing;
            (ii) signed by the director entitled to the notice; and
            (iii) delivered to the nonprofit corporation for filing with the corporate records.
      (c) A waiver satisfies the requirements of Subsection (1)(b) if communicated by electronic transmission.
      (d) The delivery and filing required by Subsection (1)(b) may not be conditions of the effectiveness of the waiver.

(2) A director's attendance at or participation in a meeting waives any required notice to that director of the meeting unless:
      (a) (i) at the beginning of the meeting or promptly upon the director's later arrival, the director objects to holding the meeting or transacting business at the meeting because of lack of notice or defective notice; and
            (ii) after objecting, the director does not vote for or assent to action taken at the meeting; or
      (b) if special notice was required of a particular purpose pursuant to Subsection 16-6a-814(3):
            (i) the director objects to transacting business with respect to the purpose for which the special notice was required; and
            (ii) after objecting, the director does not vote for or assent to action taken at the meeting with respect to the purpose. 


Amended 2006, ch. 228; 2015, ch. 240, eff. May 12, 2015.


Print   Email