2005 Idaho Code - 30-3-52 — RECORD DATE -- DETERMINING MEMBERS ENTITLED TO NOTICE AND VOTE

                                  TITLE  30
                                 CORPORATIONS
                                  CHAPTER 3
                       IDAHO NONPROFIT CORPORATION ACT
    30-3-52.  RECORD DATE -- DETERMINING MEMBERS ENTITLED TO NOTICE AND VOTE.
(1) The bylaws of a corporation may fix or provide the manner of fixing a date
as the record date for determining the members entitled to notice of a
members' meeting.  If the bylaws do not fix or provide for fixing such a
record date, the board may fix a future date as such a record date.  If no
such record date is fixed, members at the close of business on the business
day preceding the day on which notice is given, or if notice is waived, at the
close of business on the business day preceding the day on which the meeting
is held, are entitled to notice of the meeting.
    (2)  The bylaws of a corporation may fix or provide the manner of fixing a
date as the record date for determining the members entitled to vote at a
members' meeting.  If the bylaws do not fix or provide for fixing such a
record date, the board may fix a future date as such a record date.  If no
such record date is fixed, members on the date of the meeting who are
otherwise eligible to vote are entitled to vote at the meeting.
    (3)  The bylaws may fix or provide the manner for determining a date as
the record date for the purpose of determining the members entitled to
exercise any rights in respect of any other lawful action.  If the bylaws do
not fix or provide for fixing such a record date, the board may fix in advance
such a record date.  If no such record date is fixed, members at the close of
business on the day on which the board adopts the resolution relating thereto,
or the 60th day prior to the date of such other action, whichever is later,
are entitled to exercise such rights.
    (4)  A record date fixed under this section may not be more than seventy
(70) days before the meeting or action requiring a determination of members
occurs.
    (5)  A determination of members entitled to notice of or to vote at a
membership meeting is effective for any adjournment of the meeting unless the
board fixes a new date for determining the right to notice or the right to
vote, which it must do if the meeting is adjourned to a date more than seventy
(70) days after the record date for determining members entitled to notice of
the original meeting.
    (6)  If a court orders a meeting adjourned to a date more than one hundred
twenty (120) days after the date fixed for the original meeting, it may
provide that the original record date for notice or voting continues in effect
or it may fix a new record date for notice or voting.