30-29-725. QUORUM AND VOTING REQUIREMENTS FOR VOTING GROUPS. (a) Shares entitled to vote as a separate voting group may take action on a matter at a meeting only if a quorum of those shares exists with respect to that matter. Unless the articles of incorporation provide otherwise, shares representing a majority of the votes entitled to be cast on the matter by the voting group constitutes a quorum of that voting group for action on that matter. If the provisions of this chapter require a particular quorum for a specified action, the articles of incorporation may not provide for a lower quorum.
(b) Once a share is represented for any purpose at a meeting, it is deemed present for quorum purposes for the remainder of the meeting and for any adjournment of that meeting unless a new record date is or must be fixed for that adjourned meeting.
(c) If a quorum exists, action on a matter, other than the election of directors, by a voting group is approved if the votes cast within the voting group favoring the action exceed the votes cast opposing the action, unless the articles of incorporation require a greater number of affirmative votes.
(d) An amendment of the articles of incorporation adding, changing or deleting a quorum or voting requirement for a voting group greater than specified in subsection (a) or (c) of this section is governed by section 30-29-727, Idaho Code.
(e) The election of directors is governed by section 30-29-728, Idaho Code.
(f) If a provision of this chapter provides for voting of classes or series as separate voting groups, the rules provided in section 30-29-1004(c), Idaho Code, for amendments of the articles of incorporation shall apply to that provision.
History:
[30-29-725, added 2015, ch. 243, sec. 62, p. 922; am. 2019, ch. 90, sec. 57, p. 261.]
Structure Idaho Code
Chapter 29 - GENERAL BUSINESS CORPORATIONS
Section 30-29-701 - ANNUAL MEETING.
Section 30-29-702 - SPECIAL MEETING.
Section 30-29-703 - COURT-ORDERED MEETING.
Section 30-29-704 - ACTION WITHOUT MEETING.
Section 30-29-705 - NOTICE OF MEETING.
Section 30-29-706 - WAIVER OF NOTICE.
Section 30-29-707 - RECORD DATE FOR MEETING.
Section 30-29-708 - CONDUCT OF MEETING.
Section 30-29-709 - REMOTE PARTICIPATION IN SHAREHOLDERS’ MEETINGS.
Section 30-29-720 - SHAREHOLDERS’ LIST FOR MEETING.
Section 30-29-721 - VOTING ENTITLEMENT OF SHARES.
Section 30-29-723 - SHARES HELD BY INTERMEDIARIES AND NOMINEES.
Section 30-29-724 - ACCEPTANCE OF VOTES AND OTHER INSTRUMENTS.
Section 30-29-725 - QUORUM AND VOTING REQUIREMENTS FOR VOTING GROUPS.
Section 30-29-726 - ACTION BY SINGLE AND MULTIPLE VOTING GROUPS.
Section 30-29-727 - MODIFYING QUORUM OR VOTING REQUIREMENTS.
Section 30-29-728 - VOTING FOR DIRECTORS — CUMULATIVE VOTING.
Section 30-29-729 - INSPECTORS OF ELECTION.
Section 30-29-730 - VOTING TRUSTS.
Section 30-29-731 - VOTING AGREEMENTS.
Section 30-29-732 - SHAREHOLDER AGREEMENTS.
Section 30-29-740 - PART DEFINITIONS.
Section 30-29-743 - STAY OF PROCEEDINGS.
Section 30-29-744 - DISMISSAL.
Section 30-29-745 - DISCONTINUANCE OR SETTLEMENT.
Section 30-29-746 - PAYMENT OF EXPENSES.
Section 30-29-747 - APPLICABILITY TO FOREIGN CORPORATIONS.
Section 30-29-748 - SHAREHOLDER ACTION TO APPOINT A CUSTODIAN OR RECEIVER.