Antitrust & Unfair Competition Section Bylaws


 

BYLAWS
OF THE
ANTITRUST & UNFAIR COMPETITION SECTION
OF THE UTAH STATE BAR

ARTICLE I - NAME AND PURPOSE

1.1. Name. Upon adoption of these Bylaws, the name of the Section shall be the Antitrust and Unfair Competition Section of the Utah State Bar (the "Section").

1.2. Purpose. The purpose of the Section shall be to seek the participation of all interested members of the legal profession and of state and local bar associations in order to benefit such members (1) by providing the opportunity and a forum for the interchange of ideas relating to antitrust and competition law; (2) by initiating and implementing common projects; and (3) to undertake such other service as may be of benefit to the members, the legal profession and the public.

1.3. Limitations. These Bylaws have been adopted subject to the applicable Utah Statutes and the Bylaws of the Utah State Bar (the “Bar”).

1.4. Principal Office. The principal office of the Section shall be maintained in the offices of the Bar.

1.5. Fiscal Year. The fiscal year of the Section shall coincide with that of the Bar.

ARTICLE 2 - MEMBERSHIP

2.1. Enrollment. Any member in good standing of the Bar may, upon the request to the Secretary of the Bar, be enrolled as a member of the Section by the payment of annual Section dues in the 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 Section may continue to impose dues as hitherto imposed. The amount of the dues may be changed by majority vote of a quorum of the Section.

2.4. Voting Rights. Each enrolled member shall be entitled to one vote on any question to the section and in any election as provided herein.

2.5. Associate Members. Any person who is not a member of the Utah State Bar, including paralegals, and law students interested in the study of antitrust law, upon request to the Executive Committee may be considered for enrollment as an Associate Member of the Section. Membership as an Associate Member shall be effective upon the approval of a majority of the Executive Committee and the payment of annual Section dues established for such Associate Members. The Executive Committee, by a vote of the majority of its members shall have the absolute sole power to suspend the membership of any Associate Member on terms which it regards to be in the best interest of the Section. Associate Members may not hold office in the Section and do not have voting privileges, but are otherwise entitled to all of the privileges and benefits of Section Membership. The amount of dues imposed upon Associate Members may be set by a majority vote of a quorum of the Section. As a specific condition for membership in the Section, Associate Members shall take appropriate precautions to assure that they do not hold themselves out as being members of the Utah State Bar, and will follow all guidelines and directives from the Section President in connection with the implementation of this requirement.

ARTICLE 3 - OFFICERS

3.1. Officers. The officers of this Section shall be a President, a Vice-President, Treasurer and a Secretary.

3.2. Duties of Officers. The Officers shall generally supervise and control the affairs of the Section, subject to the rules and bylaws of the Utah State Bar, and shall establish and execute the general policy, programs, and activities of the Section.

3.3. President. The President shall preside at all meetings of the Section and shall perform such other duties and acts usually pertaining to this office. The President shall communicate with the Board of Commissioners of the Bar and others as may be necessary.

3.4. Vice-President. The Vice-President shall act as President in the absence of the President and shall perform such other duties as appropriate.

3.4a Treasurer. The Treasurer shall maintain and handle the Section’s finances, including making annual and other necessary reports to the Officers and Membership.

3.4a Secretary. The Secretary shall keep a record of all proceedings of all meetings of the Section and of the Officers, whether assembled or pursuant to teleconference or other electronic communication. The Secretary shall work with the Bar's webmaster to keep the Section's website current. In conjunction with the President and Vice-President, the Secretary shall attend generally to the business of the Section.

3.5. Succession to Offices. The Secretary shall automatically succeed to the office of Treasurer. The Treasurer shall automatically succeed to the office of Vice-President. The Vice-President shall automatically succeed to the office of President.

3.6. Eligibility of Office. Any enrolled member of the Section may be nominated for office provided the member is in good standing and shall remain a member of the Section during the term of office for which the member is running.

3.7. Elections. A new Secretary shall be elected each year in the manner prescribed herein at the end of June of each year. Likewise, each officer’s term of service shall end at the end of June of each year. If the office of the President becomes vacant, then the Vice President shall become President of the Section for the unexpired term. If the office of the Vice President becomes vacant, then the Secretary shall become the Vice President of the Section for the unexpired term. If the office of Treasurer becomes vacant, then the Secretary shall become the Treasurer of the Section for the unexpired term. If the office of Secretary becomes vacant, then the office of Secretary shall be filled by an election of the membership of the Section. In each of these cases, upon completion of the unexpired term, the respective officers shall thereafter serve the entire term for the next fiscal year as would have been served absent the vacancy.

3.8. Nominations. Nominations for office may be made in writing or orally at any meeting of the Section. Nominations may be made up to the time the voting in an election begins.

3.9. Election. An officer may be elected by a voice or roll call vote at a preannounced Section meeting. If demanded by any enrolled member of the Section present at a meeting where the election is to take place, the election of officers shall be by secret ballot by all enrolled members of the Section present at the meeting.

ARTICLE 4 - MEETINGS

4.1. Meetings. Meetings of the Section shall be held at least bi-monthly during the months of September through June.

4.2. Quorum. At all meetings of the Section, at least five (5) enrolled members of the Section require to constitute a quorum for the transaction of business.

4.3. Controlling Vote. Action of the Section shall be by majority vote of a quorum except as otherwise provided in these Bylaws.

4.4. Meetings of the Officers. The officers shall meet as often as they deem necessary.

4.5. Notice of Meetings. Written, printed, or electronic notice shall be given to all Section members stating the date, hour, place, and purpose of all meetings of the members. Notice shall be delivered to each member of the Section by hand, U.S. mail, facsimile, or e-mail at least five (5) days prior to the date of the meeting. If delivering notice by U.S. mail, 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 adequate postage.

ARTICLE 5 - COMMITTEE

5.1. Appointment. At any time during the year, the officers may appoint any committees as they may deem advisable in order to carry out the purpose of the Section and shall describe the duties and functions of such committees. The officers shall designate the committees, define their duties, and appoint the committee Presidents.

5.2. Meetings. Committees shall meet as often as necessary in order to perform their duties. Half of the members of any committee shall constitute a quorum for purposes of conducting business of the committee.

5.3. Executive Committee. The Chair, Vice-Chair, Treasurer and Secretary shall constitute the Executive Committee of the Section.

ARTICLE 6 - AMENDMENTS

These bylaws may be amended at any meeting of the Section or by mail ballot by a two-thirds vote of the enrolled members of the Section present or returning ballots provided that notice of the substance of the proposed amendments shall have been duly given to all members of the Section.