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Ark. Code Ann. § 4-28-225

Conversion to public water authority

Applied in 2 court decisions — leading case Williams v. BRUSH ISLAND PUBLIC WATER AUTHORITY (2006)

Most recently applied in Williams v. BRUSH ISLAND PUBLIC WATER AUTHORITY (November 2006)

Acts 2003, No. 1330, § 1.

(1) A corporation which meets the definition of a qualified corporation, as defined by § 4-35-103, may adopt a plan to convert its entity status from that of a nonprofit corporation to a water authority pursuant to the Water Authority Act, § 4-35-101 et seq., unless the articles or bylaws require otherwise, if the conversion is approved: By a majority of the members of the board of directors of the corporation; and

(2) If the corporation has members, by two-thirds (2/3) of the votes cast by the members, in person or by proxy, at a regular or special meeting of the members at which a quorum is present.

(3) For purposes of this section and unless the articles or bylaws provide for a higher or lower quorum, ten percent (10%) of the votes entitled to be cast on a matter must be represented in person or by proxy at a meeting of members to constitute a quorum.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.