Terms Used In Utah Code > Title 11 > Chapter 63 > Part 1 - General Provisions

• Address: includes :
            (1)(b)(i) a post office box number;
            (1)(b)(ii) a rural free delivery route number; and
            (1)(b)(iii) a street name and number. See Utah Code 16-10a-102
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Appraisal: A determination of property value.
• Articles of incorporation: include :
       (4)(a) amended and restated articles of incorporation;
       (4)(b) articles of merger; and
       (4)(c) a document of a similar import to those described in Subsections (4)(a) and (b). See Utah Code 16-10a-102
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Authorized shares: means the shares of all classes a domestic or foreign corporation is authorized to issue. See Utah Code 16-10a-102
• Bylaws: includes amended bylaws and restated bylaws. See Utah Code 16-10a-102
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Commercial trampoline: means a device that:
       (1)(a) incorporates a trampoline bed; and
       (1)(b) is used for recreational jumping, springing, bouncing, acrobatics, or gymnastics in a trampoline park. See Utah Code 11-63-102
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporate name: means :
       (10)(a) the name of a domestic corporation or a domestic nonprofit corporation as stated in its articles of incorporation; or
       (10)(b) the name of a foreign corporation or a foreign nonprofit corporation as stated in its articles of incorporation or document of similar import. See Utah Code 16-10a-102
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Deliver: includes delivery by mail or another means of transmission authorized by Section 16-10a-103, except that delivery to the division means actual receipt by the division. See Utah Code 16-10a-102
• Division: means the Division of Corporations and Commercial Code. See Utah Code 16-10a-102
• domestic corporation: means a corporation for profit that:
       (11)(a) is not a foreign corporation; and
       (11)(b) is incorporated under or subject to this chapter. See Utah Code 16-10a-102
• Employee: includes an officer but not a director, unless the director accepts a duty that makes that director also an employee. See Utah Code 16-10a-102
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Entity: includes :
       (19)(a) a domestic and foreign corporation;
       (19)(b) a nonprofit corporation;
       (19)(c) a limited liability company;
       (19)(d) a profit or nonprofit unincorporated association;
       (19)(e) a business trust;
       (19)(f) an estate;
       (19)(g) a partnership;
       (19)(h) a trust;
       (19)(i) two or more persons having a joint or common economic interest;
       (19)(j) a state;
       (19)(k) the United States; and
       (19)(l) a foreign government. See Utah Code 16-10a-102
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• Fiduciary: A trustee, executor, or administrator.
• Foreign corporation: means a corporation for profit incorporated under a law other than the law of this state. See Utah Code 16-10a-102
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Individual: means :
       (22)(a) a natural person;
       (22)(b) the estate of an incompetent individual; or
       (22)(c) the estate of a deceased individual. See Utah Code 16-10a-102
• Inspection: means a procedure that an inspector conducts to:
       (4)(a) determine whether a trampoline park facility, including any device or material, is constructed, assembled, maintained, tested, and operated in accordance with this chapter and the manufacturer's recommendations;
       (4)(b) determine the operational safety of a trampoline park facility, including any device or material; and
       (4)(c) determine whether the trampoline park's policies and procedures comply with this chapter. See Utah Code 11-63-102
• Inspector: means an individual who:
       (5)(a) conducts an inspection of a trampoline park to certify compliance with this chapter and industry safety standards; and
       (5)(b)

            (5)(b)(i) is certified by:

                 (5)(b)(i)(A) an organization that develops and publishes consensus standards for a wide range of materials, products, systems, and services that are used for trampolines; or

                 (5)(b)(i)(B) an organization that promotes trampoline park safety and adopts the standards described in Subsection (5)(b)(i)(A);

            (5)(b)(ii) represents the insurer of the trampoline park;

            (5)(b)(iii) represents or is certified by a department or agency, regardless of whether the agency is located within the state, that:

                 (5)(b)(iii)(A) inspects amusement and recreational facilities and equipment; and

                 (5)(b)(iii)(B) certifies and trains professional private industry inspectors through written testing and continuing education requirements; or

            (5)(b)(iv) represents an organization that the United States Olympic Committee designates as the national governing body for gymnastics. See Utah Code 11-63-102
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• mailing: means deposit, deposited, or depositing in the United States mail, properly addressed, first class postage prepaid, and includes registered or certified mail for which the proper fee is paid. See Utah Code 16-10a-102
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Notice: is a s provided in Section 16-10a-103. See Utah Code 16-10a-102
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Person: means :
       (24)(a) an individual;
       (24)(b) an association;
       (24)(c) an institution;
       (24)(d) a corporation;
       (24)(e) a company;
       (24)(f) a trust;
       (24)(g) a limited liability company;
       (24)(h) a partnership;
       (24)(i) a political subdivision;
       (24)(j) a government office, department, division, bureau, or other body of government; and
       (24)(k) any other organization or entity. See Utah Code 68-3-12.5
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Principal office: means the office, in or out of this state, designated by a domestic or foreign corporation as its principal office in the most recent document on file with the division providing the information, including:
       (25)(a) an annual report;
       (25)(b) an application for a certificate of authority; or
       (25)(c) a notice of change of principal office. See Utah Code 16-10a-102
• Proceeding: includes :
       (26)(a) a civil suit;
       (26)(b) arbitration or mediation; and
       (26)(c) a criminal, administrative, or investigatory action. See Utah Code 16-10a-102
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Qualified shares: means , with respect to a director's conflicting interest transaction pursuant to Section 16-10a-853, one or more shares entitled to vote on the transaction, except a share:
       (27)(a) that, to the knowledge, before the vote, of the secretary, other officer, or agent of the corporation authorized to tabulate votes, is beneficially owned; or
       (27)(b) the voting of which is controlled, by:

            (27)(b)(i) a director who has a conflicting interest respecting the transaction;

            (27)(b)(ii) a related person of that director; or

            (27)(b)(iii) a person referred to in Subsections (27)(b)(i) and (ii). See Utah Code 16-10a-102
• Quorum: The number of legislators that must be present to do business.
• Receive: when used in reference to receipt of a writing or other document by a domestic or foreign corporation, means the writing or other document is actually received by:
       (28)(a) the corporation at its:

            (28)(a)(i) registered office in this state; or

            (28)(a)(ii) principal office;
       (28)(b) the secretary of the corporation, wherever the secretary is found; or
       (28)(c) another person authorized by the bylaws or the board of directors to receive the writing or other document, wherever that person is found. See Utah Code 16-10a-102
• Service of process: The service of writs or summonses to the appropriate party.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Share: means the unit into which the proprietary interests in a corporation are divided. See Utah Code 16-10a-102
• Shareholder: means :
            (34)(a)(i) the person in whose name a share is registered in the records of a corporation; or
            (34)(a)(ii) the beneficial owner of a share to the extent recognized pursuant to Section 16-10a-723. See Utah Code 16-10a-102
• State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
• Statute: A law passed by a legislature.
• Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Trampoline bed: means the flexible surface of a trampoline on which a user jumps or bounces. See Utah Code 11-63-102
• Trampoline court: means an area of a trampoline park comprising:
       (10)(a) multiple commercial trampolines; or
       (10)(b) at least one commercial trampoline and at least one associated foam or inflatable bag pit. See Utah Code 11-63-102
• Trampoline park: means a place of business that offers the recreational use of a trampoline court for a fee. See Utah Code 11-63-102
• Trustee: A person or institution holding and administering property in trust.
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Voting group: means all shares of one or more classes or series that under the articles of incorporation or this chapter are entitled to vote and be counted together collectively on a matter at a meeting of shareholders. See Utah Code 16-10a-102
• Writing: includes :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5