Utah Code 16-10a-126. Petition for review of division’s refusal to file document
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Terms Used In Utah Code 16-10a-126
- 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 16-10a-102
- Foreign corporation: means a corporation for profit incorporated under a law other than the law of this state. See Utah Code 16-10a-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.
- Notice: is a s provided in Section 16-10a-103. See Utah Code 16-10a-102
(1)(a) If the division refuses to file a document delivered to the division for filing, the domestic or foreign corporation for which the filing was requested, or the corporation’s representative, may petition a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, to compel the filing of the document.
(1)(b) A domestic or foreign corporation, or the corporation’s representative, shall file a petition under Subsection (1)(a) within 30 days after the day on which the division gives notice of the refusal under Subsection 16-10a-125(3).
(1)(c) The petition under Subsection (1)(a) shall include a copy of the document and the division’s notice of refusal.
(2) If a petition is filed under Subsection (1), the court may summarily order the division to file the document or take other action the court considers appropriate.
(3) The court’s final decision is appealable as in any other civil proceedings.