(1) Anyone may apply to the division for a certificate of existence for a domestic corporation, a certificate of authorization for a foreign corporation, or a certificate that sets forth any facts of record in the office of the division.

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Terms Used In Utah Code 16-10a-128

  • 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.
  • 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
  • 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.
  • Foreign corporation: means a corporation for profit incorporated under a law other than the law of this state. 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
(2) A certificate of existence or authorization sets forth:

     (2)(a) the domestic corporation‘s corporate name or the foreign corporation’s corporate name registered in this state;
     (2)(b) that:

          (2)(b)(i) the domestic corporation is duly incorporated under the law of this state and the date of its incorporation; or
          (2)(b)(ii) the foreign corporation is authorized to transact business in this state;
     (2)(c) that all fees, taxes, and penalties owed to this state have been paid, if:

          (2)(c)(i) payment is reflected in the records of the division; and
          (2)(c)(ii) nonpayment affects the existence or authorization of the domestic or foreign corporation;
     (2)(d) that its most recent annual report required by Section 16-10a-1607 has been filed by the division;
     (2)(e) that articles of dissolution have not been filed; and
     (2)(f) other facts of record in the office of the division that may be requested by the applicant.
(3) Subject to any qualification stated in the certificate, a certificate issued by the division may be relied upon as conclusive evidence of the facts set forth in the certificate.