§ 31A-9-204. Articles of incorporation and bylaws.

(1) The articles of incorporation shall set forth:

(a) the name of the corporation, which shall include the word "fraternal" or words of equivalent meaning;

(b) the location of the principal office of the fraternal, which shall be in this state;

(c) the purposes of the corporation, which shall include one or more of the purposes specified in Subsection 31A-9-101(1)(a)(ii)(B), but shall otherwise be restricted to those permitted under Section 31A-4-107;

(d) the classes of members, and the qualifications and rights of the members of each class;

(e) a description of the fraternal's representative form of government, conforming to Section 31A-9-403;

(f) the manner in which local lodges or branches may be formed and the powers they shall have, or a statement that the formation and powers of local lodges or branches is provided for in the bylaws;

(g) a provision for fraternal bonds, if any are to be authorized, which shall conform to Section 31A-9-303; and

(h) a provision for amendment of the articles, which shall conform to Section 31A-9-213.

(2) The articles of incorporation are not required to recite the corporate powers enumerated in this chapter, as these powers are authorized by law.

(3) Section 16-6a-818 applies to the officers of fraternals. The articles or bylaws shall specifically designate three or more offices, which shall be held by the principal officers of the fraternal. The principal offices shall be held by at least three separate natural persons.

(4) The bylaws shall comply with the provisions of this chapter. A copy of the bylaws and any amendments to them shall be filed with the commissioner promptly after their adoption. Notice of amendments to the bylaws shall be given promptly to members. Subject to this chapter, Section 16-6a-206 applies to the bylaws and resolutions of fraternals.

Amended by Chapter 300, 2000 General Session