16-6a-1701. Application to
existing domestic nonprofit corporations -- Reports of domestic and foreign
nonprofit corporation.
(1) Except as otherwise provided in Section 16-6a-1704,
this chapter applies to domestic nonprofit corporations as follows:
(a) domestic nonprofit corporations in existence on
April 30, 2001, that were incorporated under any general statute of this state
providing for incorporation of nonprofit corporations, including all nonprofit
corporations organized under any former provisions of this chapter;
(b) mutual irrigation, canal, ditch, reservoir, and
water companies and water users' associations organized and existing under the
laws of this state on April 30, 2001;
(c) corporations organized under the provisions of
Title 16, Chapter 7, Corporations Sole, for purposes of applying all provisions
relating to merger or consolidation; and
(d) to actions taken by the directors, officers, and
members of the entities described in Subsections (1)(a), (b), and (c) after
April 30, 2001.
(2) Domestic nonprofit corporations to which this chapter
applies, that are organized and existing under the laws of this state on April
30, 2001:
(a) shall continue in existence with all the rights
and privileges applicable to nonprofit corporations organized under this
chapter; and
(b) from April 30, 2001 shall have all the rights and
privileges and shall be subject to all the remedies, restrictions, liabilities,
and duties prescribed in this chapter except as otherwise specifically provided
in this chapter.
(3) Every existing domestic nonprofit corporation and
foreign nonprofit corporation qualified to conduct affairs in this state on
April 30, 2001 shall file an annual report with the division setting forth the
information prescribed by Section 16-6a-1607.
The annual report shall be filed at such time as would have been required had
this chapter not taken effect and shall be filed annually thereafter as
required in Section 16-6a-1607.
Enacted 2000, ch. 300.
Amended 2014, ch. 189, eff. May 13, 2014.