Current through Acts 2023-2024, ch. 1069
Section 48-60-206 - Amendment to bylaws may not divert property held in trust for charitable purpose from that purpose - Exception - Financial benefit in connection with bylaws amendment prohibited - Exception(a) Property held in trust by a corporation or otherwise dedicated to a charitable purpose may not be diverted from its purpose by an amendment of its bylaws unless the corporation obtains an appropriate order of a court of competent jurisdiction to the extent required by and pursuant to the law of this state on cy pres or otherwise dealing with the nondiversion of charitable assets.(b) Unless a corporation, after notifying the attorney general and reporter obtains an appropriate order of a court of competent jurisdiction under the law of this state on cy pres or otherwise dealing with the nondiversion of charitable assets, an amendment of its bylaws may not affect:(1) Any restriction imposed upon property held by the corporation by virtue of any trust under which it holds that property; or(2) The existing rights of persons other than its members.(c) A person who is a member or otherwise affiliated with a public benefit corporation may not receive a direct or indirect financial benefit in connection with an amendment of the bylaws unless the person is itself a public benefit corporation or an unincorporated entity with a charitable purpose. This subsection (c) does not apply to the receipt of reasonable compensation for services rendered.Amended by 2016 Tenn. Acts, ch. 688,s 3, eff. 7/1/2016.Added by 2014 Tenn. Acts, ch. 899,s 63, eff. 1/1/2015.