Section 1 – Commissioner of agriculture and food to register names.
42-3-1. Commissioner of agriculture and food to register names. Any owner of a farm in this state may have the name of his farm, together with a brief description of his lands to which such name applies, recorded in a register kept for the purpose in the office of the commissioner of agriculture and food, […]
Section 2 – Recording fee.
42-3-2. Recording fee. Any person having the name of the person’s farm so recorded shall first pay to the commissioner of agriculture and food a fee determined by the commissioner pursuant to Section 63J-1-504. This fee shall be transmitted to the General Fund. Amended by Chapter 183, 2009 General Session
Section 3 – Transfer of name.
42-3-3. Transfer of name. When any owner of a farm, the name of which has been recorded as provided in this chapter, transfers by deed or otherwise the whole of such farm, the transfer may include the registered name thereof; but, if the owner shall transfer only a portion of such farm, the registered name […]
Section 4 – Cancellation by owner — Fee.
42-3-4. Cancellation by owner — Fee. When any owner of a registered farm desires to cancel its registered name, the owner shall write on the back of the certificate the following: “This name is canceled, and I hereby release all rights thereunder,” and shall sign such statement in the presence of a witness and file […]
Section 5 – Use of name by another — Penalty.
Effective 5/8/2018 42-3-5. Use of name by another — Penalty. It is a class B misdemeanor for any person other than the person in whose name a farm is registered to use such registered name for any other farm. Amended by Chapter 148, 2018 General Session
Section 6.6 – Assumed name.
Effective 5/4/2022 42-2-6.6. Assumed name. (1) The assumed name: (a) may not contain: (i) any word or phrase that indicates or implies that the business is organized for any purpose other than a purpose contained in the business’s application; or (ii) for an assumed name that is changed or approved on or after May 4, […]
Section 7 – Index — Fees — Evidence.
42-2-7. Index — Fees — Evidence. (1) The Division of Corporations and Commercial Code shall: (a) keep an active alphabetical index of all persons filing the certificates provided for in this chapter; and (b) collect the required indexing and filing fees. (2) A copy of any such certificate certified by the Division of Corporations and […]
Section 8 – Expiration of filing — Notice — Removal from active index.
42-2-8. Expiration of filing — Notice — Removal from active index. A filing under this chapter shall be effective for a period of three years from the date of filing. At the expiration of that period, if no new filing is made by or on behalf of the person who made the original filing, the […]
Section 9 – Corporate names, limited liability company names, and trademark, service mark, and trade name rights not affected.
42-2-9. Corporate names, limited liability company names, and trademark, service mark, and trade name rights not affected. (1) This chapter does not affect or apply to any corporation organized under the laws of any state if it does business under its true corporate name. (2) (a) This chapter does not affect the statutory or common […]
Section 10 – Penalties.
42-2-10. Penalties. Any person who carries on, conducts, or transacts business under an assumed name without having complied with the provisions of this chapter, and until the provisions of this chapter are complied with: (1) shall not sue, prosecute, or maintain any action, suit, counterclaim, cross complaint, or proceeding in any of the courts of […]