§ 16-6a-907. Indemnification of officers, employees, fiduciaries, and agents.

     Unless a nonprofit corporation's articles of incorporation provide otherwise:

(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.

Amended by Chapter 197, 2002 General Session