(1) Any person may apply to the division for:

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Terms Used In Utah Code 16-6a-113

  • Corporate name: means :
         (13)(a) the name of a domestic corporation as stated in the domestic corporation's articles of incorporation;
         (13)(b) the name of a domestic nonprofit corporation as stated in the domestic nonprofit corporation's articles of incorporation;
         (13)(c) the name of a foreign corporation as stated in the foreign corporation's:
              (13)(c)(i) articles of incorporation; or
              (13)(c)(ii) document of similar import to articles of incorporation; or
         (13)(d) the name of a foreign nonprofit corporation as stated in the foreign nonprofit corporation's:
              (13)(d)(i) articles of incorporation; or
              (13)(d)(ii) document of similar import to articles of incorporation. See Utah Code 16-6a-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 16-6a-102
  • domestic nonprofit corporation: means an entity that:
         (37)(a) is not a foreign nonprofit corporation; and
         (37)(b) is incorporated under or subject to this chapter. See Utah Code 16-6a-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 nonprofit corporation: means an entity:
         (28)(a) incorporated under a law other than the laws of this state; and
         (28)(b) that would be a nonprofit corporation if formed under the laws of this state. See Utah Code 16-6a-102
  • Person: means an:
         (40)(a) individual; or
         (40)(b) entity. See Utah Code 16-6a-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
     (1)(a) a certificate of existence for a domestic nonprofit corporation;
     (1)(b) a certificate of authorization for a foreign nonprofit corporation; or
     (1)(c) a certificate that sets forth any facts of record in the division.
(2) A certificate of existence or certificate of authorization sets forth:

     (2)(a)

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

          (2)(b)(i)

               (2)(b)(i)(A) the domestic nonprofit corporation is incorporated under the law of this state; and
               (2)(b)(i)(B) the date of its incorporation; or
          (2)(b)(ii) the foreign nonprofit corporation is authorized to conduct affairs 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 nonprofit corporation;
     (2)(d) that the domestic or foreign nonprofit corporation’s most recent annual report required by Section 16-6a-1607 has been filed by the division;
     (2)(e) that articles of dissolution have not been filed by the division; and
     (2)(f) other facts of record in 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.