SB307 (2010) Detail

Relative to voting by members of voluntary corporations and associations.


CHAPTER 105

SB 307 – FINAL VERSION

2010 SESSION

10-2729

03/09

SENATE BILL 307

AN ACT relative to voting by members of voluntary corporations and associations.

SPONSORS: Sen. Janeway, Dist 7; Rep. Kurk, Hills 7

COMMITTEE: Executive Departments and Administration

ANALYSIS

This bill establishes requirements for voting by members or directors of voluntary corporations and associations.

This bill was requested by the attorney general.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

10-2729

03/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Ten

AN ACT relative to voting by members of voluntary corporations and associations.

Be it Enacted by the Senate and House of Representatives in General Court convened:

105:1 Voluntary Corporations and Associations; Articles of Agreement; Membership. Amend RSA 292:2, II-a to read as follows:

II-a. The provisions for establishing criteria and procedures for membership and participation in the corporation.

105:2 New Section; Voluntary Corporations and Associations; Voting. Amend RSA 292 by inserting after section 6-a the following new section:

292:6-b Voting.

I. A voluntary corporation may have one or more classes of members or may have no members. In the absence of a provision in its articles or bylaws providing for members, a voluntary corporation has no members.

II. If a voluntary corporation has no members, an action for which there is no specific provision of this chapter applicable to a voluntary corporation without members and that would otherwise require approval of the members requires only the approval of the board of directors.

III. Members are of one class unless the articles establish, or authorize the bylaws to establish, more than one class. Members shall have no voting rights, except as specifically provided in the articles or bylaws. The articles or bylaws may fix the term of membership.

IV. Notwithstanding any provision of the articles or bylaws to the contrary, each individual board member and each member of a voluntary corporation entitled to vote shall be entitled to no more than one vote.

105:3 Effective Date. This act shall take effect 60 days after its passage.

Effective Date: May 26, 2010

Effective Date: July 25, 2010