Purchase of memberships.

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  • (1) Unless otherwise provided in the articles of incorporation or the bylaws, a nonprofit corporation may not purchase the membership of a member:
    • (a) who resigns; or
    • (b) whose membership is terminated.
  • (2)
    • (a) If so authorized, a nonprofit corporation may purchase the membership of a member who resigns or whose membership is terminated for the amount and pursuant to the conditions set forth in or authorized by:
      • (i) its articles of incorporation or its bylaws; or
      • (ii) agreement with the affected member.
    • (b) A payment permitted under Subsection (2)(a) may not violate:
      • (i) Section 16-6a-1301; or
      • (ii) any other provision of this chapter.
  • (3) A mutual benefit corporation may purchase a member's membership if, after the purchase is completed:
    • (a) the mutual benefit corporation would be able to pay its debts as they become due in the usual course of its activities; and
    • (b) the mutual benefit corporation's total assets would at least equal the sum of its total liabilities.
  • (4) A water company may purchase the shares of a shareholder who is delinquent in payment of shareholder assessments, in accordance with Chapter 4, Share Assessment Act.




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