Current through the 2024 Budget Session
Section 17-30-102 - Definitions(a) As used in this act: (i) "Articles of formation" means the articles required by W.S. 17-30-303, including any amendments thereto and restatements thereof;(ii) "Beneficiary" means a person who is or may be designated as a beneficiary in the operating agreement or in accordance with the operating agreement of a statutory foundation. A "beneficiary" may be any one (1) or more of the following:(A) A person who has a present or future, vested or contingent interest in the statutory foundation;(B) If permitted under the terms in the operating agreement, a person designated as a beneficiary of the statutory foundation by the board of directors, at the discretion of the board of directors;(C) Repealed by Laws 2021, ch. 98, § 2.(iii) "Certificate of existence" means the certificate issued to a statutory foundation under W.S. 17-30308;(iv) "Certificate of registration" means the certificate of registration of a foreign foundation required under W.S. 17-30-1101;(v) "Charitable purpose" means the relief of poverty, the advancement of education or religion, the promotion of a health, governmental, municipal or other purpose, the achievement of which is beneficial to the community;(vi) "Contributor" means any person, excluding a founder, who contributes property to a statutory foundation;(vii) "Court" means the district court of the county where a statutory foundation has its registered office or another court of competent jurisdiction which is the most appropriate forum in the circumstances;(viii) "Financial institution" means a bank, savings and loan association or state chartered credit union;(ix) "Foreign foundation" means an entity formed under the law of a foreign jurisdiction as a statutory foundation, pursuant to the law of the foreign jurisdiction, or which appears to the secretary of state to possess characteristics sufficiently similar to those of a statutory foundation organized under this act;(x) "Founder" or "organizer" means one (1) or more persons that acts under W.S. 17-30-303 to form a statutory foundation. The organizer acts on behalf of the founder in forming the statutory foundation and may but not need be one (1) of the founders;(xi) "Insolvency law" means title 11, United States Code or successor federal statutes of general application;(xii) "Operating agreement" means the written agreement, whether or not designated as an operating agreement, of a founder or board of directors of a statutory foundation concerning the matters described in W.S. 17-30-309, including any amendments thereto and restatements thereof;(xiii) "Person" means as defined in W.S. 8-1-102(a)(vi);(xiv) Repealed by Laws 2021, ch. 98, § 2.(xv) "Principal office" means the principal executive office of a statutory foundation or a foreign foundation, whether or not the office is located in this state;(xvi) "Protector" means the person designated as a protector of a statutory foundation under W.S. 17-30-503;(xvii) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;(xviii) "Registered agent" means a person appointed as a registered agent under W.S. 17-28-101 through 17-28-111;(xix) "Sign" or "signature" shall include any manual, facsimile, conformed or electronic signature;(xx) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States;(xxi) "Statutory foundation" means an entity formed or continued under this act;(xxii) "This act" means W.S. 17-30-101 through 17-301102.Amended by Laws 2021 , ch. 98, , eff. 4/5/2021.Added by Laws 2019 , ch. 190, § 1, eff. 7/1/2019.