UTAH STATE BAR
BUSINESS LAW SECTION
BYLAWS
ARTICLE 1
ORGANIZATION
1.1 Creation. The Business Law Section (hereinafter "Section")
was established pursuant to the Bylaws of the Utah State Bar (sometimes
referred to as the "Bar") to accomplish the purposes set forth
therein.
1.2 Purpose. The purpose of the Section shall be to assist its
members and all interested members of the Bar:
a. By providing high quality continuing legal education ("CLE")
opportunities which will satisfy all of the Utah State Bar Mandatory
Continuing Legal Education requirements;
b. By sponsoring periodic CLE luncheons with topics selected by Section
officers (after considering input from Section members);
c. By holding an annual Section meeting (typically a half-day seminar
with an update of case law from the Utah Supreme Court and Utah Court
of Appeals, legislation and other topics);
d. By sponsoring break-out session(s) at the Utah State Bar mid-year
and annual meetings;
e. By providing opportunities and forums for business law lawyers to
network and exchange ideas regarding the practice of business law;
f. By periodically publishing a newsletter advising Section Members
of upcoming events, legislation and other matters pertinent to business
law lawyers;
g. By monitoring legal and political issues relevant to business law
lawyers and to make recommendations to the Bar with respect thereto
including without limitation participation on the Utah State Bar Governmental
Affairs Committee;
h. If applicable, by forming ad hoc committees to address legislation
of general interest to business law practitioners; and
i. To undertake such other service as may be of benefit to the Section's
members, the legal profession and the public.
1.3 Limitations. These Bylaws are adopted subject to the applicable
Utah Statutes and the Bylaws of the Utah State Bar, and supersede any
existing Bylaws of the Section.
1.4 Principal Office. The principal office of the Section shall
be maintained in the offices of the Utah State Bar.
1.5 Fiscal Year. The fiscal year of the Section shall coincide
with that of the Utah State Bar.
ARTICLE 2
MEMBERSHIP
2.1 Enrollment. Any member of the Utah State Bar in good standing
with the Bar shall, upon request to the Executive Director of the Bar,
be enrolled as a member of the Section by the payment of annual Section
dues in an amount and for the purpose approved by the Board of Commissioners
of the Utah State Bar. Persons who are not members of the Bar may be placed
on the mailing list of the Section and notified of meetings of the section
and encouraged to attend.
2.2 The Membership. Members enrolled as provided in Section 2.1
shall constitute the membership of the Section.
2.3 Dues. The Section officers shall set the dues for Section
members. The dues shall be $15.00 for each member per year unless the
Section officers determine an adjustment should be made.
ARTICLE 3
MEETINGS
3.1 Annual Meeting. The annual meeting of the Section shall be
held at a place determined by the officers on the Second (2nd) Friday
in the month of May in each year or such other date as designated by the
Section Officers unless that day is a legal holiday, and if a legal holiday,
on the following Thursday which is not a legal holiday.
3.2 Quorum. Those Section members present at any duly called Section
meeting shall constitute a quorum for the transaction of business.
3.3 Controlling Vote. Action of the Section shall be by majority
vote of the members present and voting at any meeting of the Section.
3.4 Agenda. At the annual meeting of the Section members, Officers
of the Section shall be elected and other business may be discussed and
voted upon as determined to be appropriate by the Officers.
3.5 Special Meetings. Special meetings of the membership of the
Section may be called by the Section Chair at such time and place as may
be determined.
3.6 Notice of Meetings. Written, printed, or electronic notice
shall be given to all Section members stating the date, hour and place
of all meetings of members, and in the case of all special meetings the
purpose or purposes for which the meeting is called. Notice shall be delivered
by hand, U.S. mail or e-mail at least five (5) days prior to the date
of the meeting to each member of the Section. If mailed, notice shall
be deemed delivered when deposited in the United States mail addressed
to the member at his or her address as it appears on the records of the
Utah State Bar, with postage thereon prepaid.
ARTICLE 4
OFFICERS
4.1 Officers. The Officers of the Section shall be a Chair, a
Vice Chair, a Treasurer, and a Secretary, chosen from the membership of
the Section. The Officers shall establish the rates for Section dues,
CLE presentations (monthly lunches and the annual Section meeting), as
well as approve expenditures for special projects, donations, reimbursements
and lodging and meals for guest speakers at Section-sponsored events.
Specific duties of those officers related to administration and operation
of the Section shall be as follows:
Chairperson
General oversight of Section
Liaison with Utah State Bar
Represent Section at Utah State Bar Commission meetings, as invited
Respond to inquiries made to Section
Oversee Distinguished Business Law Practitioner award
Supervise and prepare agenda for Section Officer meetings
Communications to Section officers
Oversee monthly CLE presentations
Coordinate/oversee matters assigned by Section Officers
CLE presentations, special ad hoc projects
Vice Chairperson
Serve on Utah State Bar Legislative Affairs Committee
Canvas Section Officers for position on pending legislation
Serve on Utah State Bar Annual Meeting Committee
Arrange for Section-sponsored speakers at Annual Meeting
Attend Annual Meeting and introduce Section-sponsored speaker(s)
Provide plaque for outgoing Section Chairperson
Provide plaque for distinguished Business Law Practitioner award
Coordinate/oversee matters assigned by Section Officers
CLE presentations, special ad hoc projects
Treasurer
Serve on Utah State Bar Mid-Year meeting committee
Arrange for Section-sponsored CLE session or sessions at mid-year meeting
Attend mid-year meeting and introduce Section-sponsored speaker(s)
Analyze regular financial reports
Make recommendations on rates for dues, CLE charges, etc.
Monitor self-sufficiency of regular functions
Prepare annual budget / estimates of expenditures
Process reimbursements with Utah State Bar
Coordinate/oversee matters assigned by Section Officers
Organize new lawyer CLE
CLE presentations, special ad hoc projects
Secretary
Supervise preparation and mailing of newsletter
Maintain records (historical listing of CLE, Officers, Section rules,
etc.)
Reserve facilities for CLE meetings and select menus
Coordinate/oversee matters assigned by Section Officers
CLE presentations, special ad hoc projects
Send out “dunning” letters for no shows at CLE presentations
Coordinate annual Section meeting in April, including arranging for
speakers and preparing brochure, introducing speakers and conducting
election of new Section Officer(s)
ARTICLE 5
ELECTIONS
5.1 Succession to Offices. The Secretary shall automatically succeed
to the office of Treasurer. The Treasurer shall automatically succeed
to the Office of Vice Chair. The Vice Chair shall automatically succeed
to the Office of Section Chair.
5.2 Elections. A new Secretary shall be elected each year at the
Section's annual meeting by majority vote of the members then in attendance.
If for lack of nominations or any other reason no Secretary is elected,
the position may be filled pursuant to Section 5.3, below.
5.3 Vacancies. If at any time an office shall become vacant for
any reason, then the remaining Section Officers may appoint any member
of the Section to fill the vacancy for the balance of the unexpired term.
Such appointed person shall not succeed automatically to another Section
Office as provided in Section 5.1, above, but shall be subject to elections
as provided in Section 5.2, above.
5.4 Term of Office. The term of office shall begin with the adjournment
of the Section Annual Meeting, following election or succession to office,
and shall end following the Annual Meeting at which a successor has been
duly elected and qualified, appointed and qualified, or succeeded to office.
ARTICLE 6
COMMITTEES
6.1 Committees. The Section shall have such committees as may
from time to time be appointed by the Officers to perform such duties
and exercise such powers as the Officers may direct.
6.2 Committee Chairperson. Each Committee shall have a Chairperson
to be appointed by the Officers who will then regularly report to the
Officers.
6.3 Duties of Committees. Each Committee shall have the responsibilities
which are delegated to it by the Officers, which may include the following:
a. To plan and implement Section projects including but not limited
to Section meetings and continuing legal education seminars.
b. To analyze issues and make recommendations to the Officers on matters
referred to the Committee or on its own initiation.
6.4 Membership of Committees. Upon request, any member of the
Section may be a member of one or more Committees.
6.5 Duties of Members of Committee. A Section member shall become
a member of a Committee with the understanding he or she will devote sufficient
time to assist the Chairperson of the Committee in performing the duties
of the Committee.
6.6 Meetings. The Committees may act by correspondence or at meetings
separate from the Section. Section members may but need not be given notice
of Committee meetings and all Committee meetings may but need not be open
to all Section members.
ARTICLE 7
AMENDMENTS
7.1 These Bylaws may be amended at any meeting of the Section by a majority
vote of the members of the Section present and voting.
CERTIFICATION OF ADOPTION
I CERTIFY THAT THE FOREGOING BYLAWS WERE ADOPTED BY VOTE OF THE SECTION
MEMBERSHIP OF THE BUSINESS LAW SECTION OF THE UTAH STATE BAR AT A MEETING,
DULY CALLED, ON THE 12th DAY OF MAY, 2000.
BY:________________________________
SCOTT R. SABEY, SECTION CHAIR
|
