16-6a-820. Resignation and removal of officers

(1) An officer may resign at any time by giving written notice of resignation to the nonprofit corporation.

(2) A resignation of an officer is effective when the notice is received by the nonprofit corporation unless the notice specifies a later effective date.

(3) If a resignation is made effective at a later date, the board of directors may:
      (a) (i) permit the officer to remain in office until the effective date; and
            (ii) fill the pending vacancy before the effective date if the successor does not take office until the effective date; or
      (b) (i) remove the officer at any time before the effective date; and
            (ii) fill the vacancy created by the removal.

(4) (a) Unless otherwise provided in the bylaws, the board of directors may remove any officer at any time with or without cause.
      (b) The bylaws or the board of directors may make provisions for the removal of officers by:
            (i) other officers; or
            (ii) the voting members.

(5) An officer who resigns, is removed, or whose appointment has expired may deliver to the division for filing a statement to that effect pursuant to Section 16-6a-1608


Enacted by Chapter 300, 2000 General Session


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