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Bylaws

ESTATE PLANNING SECTION
AMENDED AND RESTATED
BY-LAWS
ARTICLE 1

1.1 Creation. The Estate Planning Section of the Utah State Bar is established pursuant to Article II, Section 2 of the By-Laws of the Utah State Bar to accomplish the purposes set forth therein.

1.2 Purpose. The purpose of the Section shall be to seek the participation of all interested members of the Bar in order to benefit all Bar members:

(a) By providing the opportunity and forum for the interchange of ideas in the area of Estate Planning and Probate;

(b) By initiating and implementing common projects;

(c) By providing oversight of laws and regulations both State and Federal and to make recommendations to the Bar with respect thereto;

(d) By continuous monitoring of activities of individuals and groups inimical to the interests of the Bar and to the public; and

(e) To undertake such other service as may be of benefit to the members, the legal profession and the public.

1.3 Limitations. These By-Laws are adopted subject to the applicable Utah Statutes and the By-Laws of the Utah State Bar.

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 may, upon request of 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.

2.2 The Membership. Members enrolled as provided in Section 2.1 shall constitute the membership of the section.

2.3 Dues. The dues shall be $20.00 for each member. The Section shall not impose an increase in dues without first amending these By-Laws in accordance with Article 8 hereof, and without the prior approval of the Board of Commissioners of the Utah State Bar.

ARTICLE 3 MEETINGS

3.1 Annual Meeting. The annual meeting of the Section shall be held in conjunction with the annual meeting of the Utah State Bar, unless a different time is previously determined by a vote of the Executive Committee.

3.2 Quorum. The members of the Section present in person or by proxy at any 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 at any meeting of the Section.

3.4 Agenda. At the annual meeting of the Membership, officers and Executive Committee members 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 Chairperson at such time and place as he or she may determine.

3.6 Notice of Meetings. Written or printed 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 hand delivered or mailed 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 address as it appears on the records of the Utah State Bar, with postage thereon prepaid.

ARTICLE 4 THE EXECUTIVE COMMITTEE

4.1 Powers. The Executive Committee shall be vested with the powers and duties necessary for the administration of the affairs of the Section. All powers not specifically reserved to the Section members may be exercised by the Executive Committee without approval by the Section members.

4.2 Composition. The Executive Committee shall be composed of the officers of the Section, the chairperson of each of the Committees of the Section, the Program Chairperson, and such additional members as the officers may appoint. To the extent practicable, and consistent with the number of Section members practicing in each judicial district, the Executive Committee shall appoint a member from each Judicial District of the state.

4.3 Action. The Executive Committee shall coordinate and direct the activities of the Committees. The Executive Committee shall act by a majority of the members present at any meeting. Except as otherwise requested by the Utah State Bar, subject to the By-Laws of the Utah State Bar, the Executive Committee shall not adopt any policy on behalf of the Section without the approval by a majority vote of the members of the Section present at any meeting of the Section.

4.4 Meetings; Quorum; Notices. Meetings of the Executive Committee shall be held as may be needed at the direction of the Chairperson. The members of the Executive Committee present in person or by proxy at a meeting shall constitute a quorum for the transaction of any business. Notices of meeting shall be given to all committee members in writing at least: three (3) days prior to the meeting or orally at least twenty four (24) hours prior to the meeting.

4.5 Agenda. The Chairperson shall determine the agenda for all meetings of the Executive Committee.

ARTICLE 5 OFFICERS

5.1 Officers. The officers of the Section shall be the Chairperson, the Chairperson-elect and the Secretary-Treasurer.

5.2 Chairperson. The Chairperson shall preside at all meetings of the Section and of the Executive Committee. The Chairperson shall formulate and present at each annual meeting of the Bar a report of the work of the Section for the then past year. The Chairperson shall perform such other duties as usually pertain to this office or as may be delegated by the Executive Committee.

5.3 Chairperson-elect. Upon the death, resignation or during the disability of the Chairperson, or upon his or her refusal to act, the Chairperson-elect shall perform the duties of the Chairperson for the remainder of the Chairperson's term except in the case of the Chairperson's disability, and then only during so much of the term as the disability shall continue.

5.4 Secretary-Treasurer. The Secretary-Treasurer shall be the custodian of all books, papers, records and other documents of the Section. He or she shall keep a record of all accounts and of all proceedings of all meetings of the Section and of the Executive Committee, whether assembled or acting under submission. In conjunction with the Chairperson and as authorized by the Executive Committee, the Secretary-Treasurer shall attend generally to the business of the Section.

5.5 Program Chairperson. The Program Chairperson

ARTICLE 6 ELECTIONS

6.1 Elective Offices. Each year the membership shall elect a Chairperson-elect, a Secretary-Treasurer, and a Program Chairperson to serve on the Executive Committee.

6.2 Chairperson. The Chairperson-Elect shall automatically succeed to the office of Chairperson. In the event the office of Chairperson-Elect shall be vacant, then a Chairperson shall be elected in the same manner as set forth in Section 6.1 above.

6.3 Nominations. Nomination at the annual meeting of the Section for the offices of Chairperson-elect, Secretary-Treasury, and Program Chairperson to succeed those whose terms will expire at the close of the meeting, and at other times to fill vacancies for the same offices, may be made by any member of the Section. The Chairperson shall be responsible for establishing a nominating committee composed of two or more members of the Section to present its nominations for Chairperson-elect and Secretary-Treasury at the annual meeting.

6.4 Term of Office. The term of office shall begin with the adjournment of the annual meeting following election and shall end following the annual meeting at which a successor has been duly elected and qualified.

ARTICLE 7 COMMITTEES

7.1 Committees. The Section shall have such committees as may from time to time be appointed by the Executive Committee to perform such duties and exercise such powers as the Executive Committee may direct.

7.2 Committee Chairperson. Each Committee shall have a Chairperson to be appointed by the Executive Committee who will then be a member of the Executive Committee.

7.3 Duties of Committees. Within the designated area of each Standing Committee, each Standing Committee shall have the following responsibilities:

(a) To initiate and implement educational projects including Section meetings and seminars.

(b) To recommend to the Executive Committee actions for the consideration of the Section.

(c) To analyze and make recommendations to the Executive Committee on matters referred to the Committee or on its own initiation.

(d) To implement projects proposed by the Executive Committee or Section.

7.4 Membership of Committees. Upon request any member of the Section may be a member of one or more Committees.

7.5 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 assisting the Chairperson of the Committee in performing the duties of the Committee.

7.6 Meetings. The Committees may act by correspondence or at meetings separate from the Section. To the extent possible, Section members will be given notice of Committee meetings and all Committee meetings will be open to all Section members.

7.7 Action. The Committees may adopt procedures and rules for the internal administration of the Committees in substantial conformity with the procedures and rules governing the administration of the Executive Committee.

ARTICLE 8 AMENDMENTS

8.1 These By-Laws may be amended at any meeting of the Section by a majority vote of the members of the Section present and voting, provided that no amendment so adopted shall become effective until approved by the Board of Commissioners of the Utah State Bar.







 


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