Utah Code 16-6a-109. Correcting filed documents
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(1) A domestic or foreign nonprofit corporation may correct a document filed with the division if the document:
Terms Used In Utah Code 16-6a-109
- 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 16-6a-102
- Person: means an:(40)(a) individual; or(40)(b) entity. See Utah Code 16-6a-102(1)(a) contains an incorrect statement; or(1)(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:
(2)(a)
(2)(a)(i) describe the document, including its filing date; or
(2)(a)(ii) have attached a copy of the document;
(2)(b) specify:
(2)(b)(i)
(2)(b)(i)(A) the incorrect statement; and
(2)(b)(i)(B) the reason it is incorrect; or
(2)(b)(ii) the manner in which the execution, attestation, sealing, verification, or acknowledgment was defective; and
(2)(c) correct:
(2)(c)(i) the incorrect statement; or
(2)(c)(ii) defective execution, attestation, sealing, verification, or acknowledgment.
(3) Articles of correction may be executed by any person:
(3)(a) designated in Subsection 16-6a-105(6); or
(3)(b) who executed the document that is corrected.
(4)
(4)(a) Articles of correction are effective on the effective date of the document they correct except as to a person:
(4)(a)(i) relying on the uncorrected document; and
(4)(a)(ii) adversely affected by the correction.
(4)(b) As to a person described in Subsection (4)(a), the articles of correction are effective when filed.