Resignation and removal of officers.

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  • (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.




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