Terms Used In Utah Code > Title 11 > Chapter 65 > Part 1 - General Provisions

• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Annual benefit report: means a report required under Section 16-10b-401. See Utah Code 16-10b-103
• Benefit corporation: means a business corporation:
       (2)(a) that elects to become subject to this chapter; and
       (2)(b) the status of which as a benefit corporation has not been terminated. See Utah Code 16-10b-103
• Benefit director: means the director designated as the benefit director of a benefit corporation under Section 16-10b-302. See Utah Code 16-10b-103
• Benefit officer: means the individual designated as the benefit officer of a benefit corporation under Section 16-10b-304. See Utah Code 16-10b-103
• Board: means the lake authority's governing body, created in Section 11-65-301. See Utah Code 11-65-101
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• 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.
• Division: means the Division of Corporations and Commercial Code. See Utah Code 16-10b-103
• Domestic violence: means the same as that term is defined in Section 77-36-1. See Utah Code 30-3-10.1
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• General public benefit: means a material positive impact on society and the environment:
       (9)(a) taken as a whole;
       (9)(b) assessed against a third-party standard; and
       (9)(c) from the business of a benefit corporation. See Utah Code 16-10b-103
• Lake authority: means the Utah Lake Authority, created in Section 11-65-201. See Utah Code 11-65-101
• Lake authority boundary: means the boundary:
       (4)(a) defined by recorded boundary settlement agreements between private landowners and the Division of Forestry, Fire, and State Lands; and
       (4)(b) that separates privately owned land from Utah Lake sovereign land. See Utah Code 11-65-101
• Lake authority land: means land on the lake side of the lake authority boundary. See Utah Code 11-65-101
• Land: includes :
       (18)(a) land;
       (18)(b) a tenement;
       (18)(c) a hereditament;
       (18)(d) a water right;
       (18)(e) a possessory right; and
       (18)(f) a claim. See Utah Code 68-3-12.5
• Management: means work to coordinate and facilitate the improvement of Utah Lake, including work to enhance the long-term viability and health of Utah Lake and to produce economic, aesthetic, recreational, environmental, and other benefits for the state, consistent with the strategies, policies, and objectives described in this chapter. See Utah Code 11-65-101
• Management plan: means a plan to conceptualize, design, facilitate, coordinate, encourage, and bring about the management of the lake authority land to achieve the policies and objectives described in Section 11-65-203. See Utah Code 11-65-101
• 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
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Professional corporation: means a corporation organized under this chapter. See Utah Code 16-11-2
• Project area: means an area that is identified in a project area plan as the area where the management described in the project area plan will occur. See Utah Code 11-65-101
• Project area plan: means a written plan that, after the plan's effective date, manages activity within a project area within the scope of a management plan. See Utah Code 11-65-101
• Public entity: means :
       (12)(a) the state, including each department, division, or other agency of the state; or
       (12)(b) a county, city, town, school district, special district, special service district, interlocal cooperation entity, community reinvestment agency, or other political subdivision of the state. See Utah Code 11-65-101
• Regulating board: means the board that is charged with the licensing and regulation of the practice of the profession which the professional corporation is organized to render. See Utah Code 16-11-2
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• 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.
• Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
• Sovereign land: means land:
       (14)(a) lying below the ordinary high water mark of a navigable body of water at the date of statehood; and
       (14)(b) owned by the state by virtue of the state's sovereignty. See Utah Code 11-65-101
• Specific public benefit: includes :
       (14)(a) providing low-income or underserved individuals or communities with beneficial products or services;
       (14)(b) promoting economic opportunity for individuals or communities beyond the creation of jobs in the normal course of business;
       (14)(c) protecting or restoring the environment;
       (14)(d) improving human health;
       (14)(e) promoting the arts, sciences, or advancement of knowledge;
       (14)(f) increasing the flow of capital to entities with a purpose to benefit society or the environment; and
       (14)(g) conferring any other particular benefit on society or the environment. See Utah Code 16-10b-103
• 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
• Third-party standard: means a recognized standard for defining, reporting, and assessing corporate social and environmental performance that:
       (16)(a) assesses the effect of the business and its operations upon the interests listed in Subsections 16-10b-301(1)(a)(ii), (iii), (iv), and (v);
       (16)(b) is developed by an entity that is not controlled by the benefit corporation;
       (16)(c) is developed by an entity that both:

            (16)(c)(i) has access to necessary expertise to assess overall corporate social and environmental performance; and

            (16)(c)(ii) uses a balanced multistakeholder approach to develop the standard, including a reasonable public comment period; or
       (16)(d) makes the following information publicly available:

            (16)(d)(i) about the standard:

                 (16)(d)(i)(A) the criteria considered when measuring the overall social and environmental performance of a business; and

                 (16)(d)(i)(B) the relative weightings, if any, of those criteria; and

            (16)(d)(ii) about the development and revision of the standard:

                 (16)(d)(ii)(A) the identity of the directors, officers, material owners, and the governing body of the entity that developed and controls revisions to the standard;

                 (16)(d)(ii)(B) the process by which revisions to the standard and changes to the membership of the governing body are made; or

                 (16)(d)(ii)(C) an accounting of the revenue and sources of financial support for the entity, with sufficient detail to disclose a relationship that could reasonably be considered to present a potential conflict of interest. See Utah Code 16-10b-103
• Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Utah Lake: includes all waters of Utah Lake and all land, whether or not submerged under water, within the lake authority boundary. See Utah Code 11-65-101