Utah Code 16-6a-1407. Disposition of claims by publication
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(1) A dissolved nonprofit corporation may publish notice of its dissolution and request that persons with claims against the nonprofit corporation present them in accordance with the notice.
Terms Used In Utah Code 16-6a-1407
- Address: includes :(1)(b)(i) a post office box number;(1)(b)(ii) a rural free delivery route number; and(1)(b)(iii) a street name and number. See Utah Code 16-6a-102
- Contract: A legal written agreement that becomes binding when signed.
- 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.
- Notice: means the same as that term is defined in Section
16-6a-103 . See Utah Code 16-6a-102- Principal office: means :
(41)(a) the office, in or out of this state, designated by a domestic or foreign nonprofit corporation as its principal office in the most recent document on file with the division providing that information, including:(41)(a)(i) an annual report;(41)(a)(ii) an application for a certificate of authority; or(41)(a)(iii) a notice of change of principal office; or(41)(b) if no principal office can be determined, a domestic or foreign nonprofit corporation's registered office. See Utah Code 16-6a-102- Registered office: means the office within this state designated by a domestic or foreign nonprofit corporation as its registered office in the most recent document on file with the division providing that information, including:
(46)(a) articles of incorporation;(46)(b) an application for a certificate of authority; or(46)(c) a notice of change of registered office. 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
- Statute: A law passed by a legislature.
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
(2) The notice described in Subsection (1) shall:(2)(a) be published:(2)(a)(i) one time in a newspaper of general circulation in:(2)(a)(i)(A) the county where:(2)(a)(i)(A)(I) the dissolved nonprofit corporation’s principal office is located; or(2)(a)(i)(A)(II) if the dissolved nonprofit corporation has no principal office in this state, its registered office is or was last located; or(2)(a)(i)(B) if neither Subsection (2)(a)(i)(A) or (B) apply, Salt Lake County; and(2)(a)(ii) as required in Section 45-1-101;(2)(b) describe the information that shall be included in a claim;(2)(c) provide an address at which any claim shall be given to the nonprofit corporation; and(2)(d) state that unless sooner barred by any other statute limiting actions, a claim will be barred if an action to enforce the claim is not commenced within three years after publication of the notice.(3) If the dissolved nonprofit corporation publishes a newspaper or website notice in accordance with Subsection (2), then unless sooner barred under Section 16-6a-1406 or under any other statute limiting actions, the claim of any claimant against the dissolved nonprofit corporation is barred unless the claimant commences an action to enforce the claim against the dissolved nonprofit corporation within three years after the publication date of the notice.(4) For purposes of this section:(4)(a) “claim” means any claim, including claims of this state, whether:(4)(a)(i) known;(4)(a)(ii) due or to become due;(4)(a)(iii) absolute or contingent;(4)(a)(iv) liquidated or unliquidated;(4)(a)(v) founded on contract, tort, or other legal basis; or(4)(a)(vi) otherwise; and(4)(b) an action to enforce a claim includes:(4)(b)(i) any civil action; and(4)(b)(ii) any arbitration under any agreement for binding arbitration between the dissolved nonprofit corporation and the claimant.