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Cal. Corp. Code § 5056

GENERAL PROVISIONS AND DEFINITIONS GOVERNING PARTS 1 THROUGH 5

Known as the Nonprofit Corporation Law

The act spans §§ 5000–10841 (129 sections).

Applied in 5 court decisions — leading case 202 Cal. App. 3d 1043 - Health Maintenance Network v. Blue Cross of Southern California (1988)

Most recently applied in Coalition for a Sustainable Delta v. Federal Emergency Management Agency (May 2010)

Amended by Stats. 1982, Ch. 36, Sec. 5

How often courts cite this section

198819902000201020
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) “Member” means any person who, pursuant to a specific provision of a corporation’s articles or bylaws, has the right to vote for the election of a director or directors or on a disposition of all or substantially all of the assets of a corporation or on a merger or on a dissolution unless the provision granting such right to vote is only effective as a result of paragraph (2) of subdivision (a) of Section 7132. “Member” also means any person who is designated in the articles or bylaws as a member and, pursuant to a specific provision of a corporation’s articles or bylaws, has the right to vote on changes to the articles or bylaws.

(b) The articles or bylaws may confer some or all of the rights of a member, set forth in this part and in Parts 2 through 5 of this division, upon any person or persons who do not have any of the voting rights referred to in subdivision (a).

(c) Where a member of a corporation is not a natural person, such member may authorize in writing one or more natural persons to vote on its behalf on any or all matters which may require a vote of the members.

(d) A person is not a member by virtue of any of the following:

(1) Any rights such person has as a delegate.

(2) Any rights such person has to designate or select a director or directors.

(3) Any rights such person has as a director.

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.