Effective 5/12/2015 16-6a-103. Notice. (1) Notice given under this chapter shall be in writing unless oral notice is reasonable under the circumstances. (2) (a) Notice may be communicated: (i) in person; (ii) by telephone; (iii) by electronic transmission; or (iv) by mail or private carrier. (b) If the forms of personal notice described in Subsection […]
16-6a-104. Powers of the division. The division has the power reasonably necessary to perform the duties required of the division under this chapter. Enacted by Chapter 300, 2000 General Session
16-6a-105. Filing requirements. (1) To be entitled to filing by the division, a document shall satisfy the requirements of: (a) this section; and (b) any other section of this chapter that adds to or varies the requirements of this section. (2) This chapter shall require or permit filing the document with the division. (3) (a) […]
16-6a-106. Forms. (1) (a) The division may prescribe forms or cover sheets for documents required or permitted to be filed by this chapter. (b) If the division prescribes a form or cover sheet pursuant to Subsection (1)(a), the division shall provide the form or cover sheet on request. (2) Notwithstanding Subsection (1): (a) the use […]
16-6a-107. Fees. (1) Unless otherwise provided by statute, the division shall charge and collect a fee for services established by the division in accordance with Section 63J-1-504 including fees: (a) for furnishing a certified copy of any document, instrument, or paper relating to a domestic or foreign nonprofit corporation; and (b) for the certificate and […]
16-6a-108. Effective time and date of filed documents. (1) (a) Except as provided in Subsection (2) and Subsection 16-6a-109(4), a document submitted to the division for filing under this chapter is effective: (i) at the time of filing; and (ii) on the date it is filed. (b) The division’s endorsement on the document as described […]
16-6a-109. Correcting filed documents. (1) A domestic or foreign nonprofit corporation may correct a document filed with the division if the document: (a) contains an incorrect statement; or (b) was defectively executed, attested, sealed, verified, or acknowledged. (2) A document is corrected by delivering to the division for filing articles of correction that: (a) (i) […]
16-6a-110. Filing duty of division. (1) If a document delivered to the division for filing satisfies the requirements of Section 16-6a-105, the division shall file the document. (2) (a) The division files a document by stamping or otherwise endorsing “Filed” together with the name of the division and the date and time of acceptance for […]
16-6a-111. Appeal from division’s refusal to file document. If the division refuses to file a document delivered to it for filing, in accordance with Title 63G, Chapter 4, Administrative Procedures Act, the following may appeal the refusal to the executive director: (1) the domestic or foreign nonprofit corporation for which the filing was requested; or […]
16-6a-112. Evidentiary effect of copy of filed document. One or more of the following is conclusive evidence that the original document has been filed with the division: (1) a certificate attached to a copy of a document filed by the division; or (2) an endorsement, seal, or stamp placed on the copy by the division. […]
16-6a-113. Certificates issued by the division. (1) Any person may apply to the division for: (a) a certificate of existence for a domestic nonprofit corporation; (b) a certificate of authorization for a foreign nonprofit corporation; or (c) a certificate that sets forth any facts of record in the division. (2) A certificate of existence or […]
16-6a-114. Penalty for signing false documents. (1) It is unlawful for a person to sign a document: (a) knowing it to be false in any material respect; and (b) with intent that the document be delivered to the division for filing. (2) An offense under this section is a class A misdemeanor punishable by a […]
16-6a-115. Liability to third parties. The directors, officers, employees, and members of a nonprofit corporation are not personally liable in their capacity as directors, officers, employees, and members for the acts, debts, liabilities, or obligations of a nonprofit corporation. Enacted by Chapter 300, 2000 General Session
Effective 5/12/2015 16-6a-116. Private foundations. Except when otherwise determined by a court of competent jurisdiction, a nonprofit corporation that is a private foundation as defined in Section 509(a), Internal Revenue Code: (1) shall make distributions for each taxable year at the time and in the manner as not to subject the nonprofit corporation to tax […]
16-6a-117. Judicial relief. (1) (a) A director, officer, delegate, or member may petition the applicable district court to take an action provided in Subsection (1)(b) if for any reason it is impractical or impossible for a nonprofit corporation in the manner prescribed by this chapter, its articles of incorporation, or bylaws to: (i) call or […]
16-6a-118. Electronic documents. (1) Notwithstanding the other requirements of this chapter except subject to Section 16-6a-106, the division may by rule permit a writing required or permitted to be filed with the division under this chapter: (a) to be delivered, mailed, or filed: (i) in an electronic medium; or (ii) by electronic transmission; or (b) […]
16-6a-119. Execution against a mutual benefit corporation. (1) As used in this section: (a) “Judicial lien” means one or more of the following: (i) a judgment lien; or (ii) other lien obtained by a judicial or equitable process or proceeding. (b) “Water right” means: (i) a right to use water evidenced by a means identified […]
