UTAH STATE BAR
COLLECTION SECTION
BYLAWS
ARTICLE 1
ORGANIZATION
1.1 Creation. The Collection Section (hereinafter "Section:)
is 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 at reasonable cost for collection counsel and others who
regularly provide legal assistance in collection matters;
b. By providing good food at its functions;
c. By providing opportunities and forums for collection counsel and
others who provide assistance in collections to network and exchange
ideas regarding the giving of legal advice on matters of collections;
d. By monitoring legal and political issues relevant to collection
counsel and to make recommendations to the Bar with respect thereto;
e. 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.
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, and any secretary, legal assistant, paralegal, or other
employee of any member of the Bar in good standing, may, 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, provided
however, that any secretary, legal assistant, para-legal, or other person
not licensed as an attorney in the State of Utah, shall not be a voting
members of the Section, nor shall any such person hold any position as
an Officer.
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 twenty-five dollars ($25.00) 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 fourth (4th) Thursday
in the month of April 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. Eight (8) voting members of the Section present in
person 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 voting 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 he
or she may determine.
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, and a Treasurer chosen from the membership of the Section.
4.2 Section Chair. The Section Chair shall preside at all meetings
of the Section and of the Section Officers. The Chair shall formulate
and present at each annual meeting of the Section a report of the work
of the Section for the then past year. The Chair shall perform such other
duties as usually pertain to this office.
4.3 Vice Chair. Upon the death, resignation or during the disability
or unavailability of the Chair, or upon his or her refusal to act, the
Vice Chair shall perform the duties of the Chair for the remainder of
the Chair term except in the case of the Chair's disability or unavailability,
and then only during so much of the term as the disability or unavailability
shall continue. The Vice Chair of the Section shall assist the Section
Chair. The Vice Chair shall also act as the coordinator of CLE programs
and the Section's Internet web site.
4.4 Treasurer. The 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 Officers, whether assembled or pursuant to teleconference
or other electronic communication. In conjunction with the Chair and Vice
Chair, the Treasurer shall attend generally to the business of the Section.
ARTICLE 5
ELECTIONS
5.1 Succession to Offices. 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 Treasurer shall be elected each year at the
Section's meeting by majority vote of the voting members there in attendance.
If for the lack of nominations or any other reason, no Treasurer 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 voting
member of the Section to fill the vacancy for the balance of the un-expired
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 annual meeting following election or succession to office, as the
case may be, and shall end following the annual meeting at which the successor
has been duly elected and qualified, appointed and qualified, or succeeded
to the office, as the case may be.
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
that are delegated to it by the Officers, which may include the following:
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 voting 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 COLLECTION SECTION OF THE UTAH STATE BAR AT A MEETING,
DULY CALLED, ON THE 24ST DAY OF APRIL, 2003.
BY_______________________________________________
Richard H. DeLoney, SECTION CHAIR
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