Indemnification of officers, employees, fiduciaries, and agents.

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(1) Unless otherwise provided in the articles of incorporation:

  1. An officer is entitled to mandatory indemnification under section 7-129-103, and isentitled to apply for court-ordered indemnification under section 7-129-105, in each case to the same extent as a director;

  2. A nonprofit corporation may indemnify and advance expenses to an officer, employee, fiduciary, or agent of the nonprofit corporation to the same extent as to a director; and

  3. A nonprofit corporation may also indemnify and advance expenses to an officer,employee, fiduciary, or agent who is not a director to a greater extent, if not inconsistent with public policy, and if provided for by its bylaws, general or specific action of its board of directors or voting members, or contract.

Source: L. 97: Entire article added, p. 705, § 3, effective July 1, 1998.


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