Indemnification of officers, employees, fiduciaries, and agents.

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  • (1) to the same extent as a director, an officer of the nonprofit corporation is entitled to:
    • (a) mandatory indemnification under Section 16-6a-903; and
    • (b) apply for court-ordered indemnification under Section 16-6a-905;
  • (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 indemnify and advance expenses to an officer, employee, fiduciary, or agent who is not a director to a greater extent if:
    • (a) not inconsistent with public policy; and
    • (b) provided for by:
      • (i) its articles of incorporation or bylaws;
      • (ii) general or specific action of its board of directors; or
      • (iii) contract.




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