Utah Code 16-6a-1415. Procedure for judicial dissolution

Repealed 7/1/2024)

16-6a-1415. Procedure for judicial dissolution.

(1)

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Terms Used In Utah Code 16-6a-1415

Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
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.
Director: means a member of the board of directors. See Utah Code 16-6a-102
Division: means the Division of Corporations and Commercial Code. See Utah Code 16-6a-102
Principal office: means :

(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:

(i)	an annual report;

(ii)	an application for a certificate of authority; or

(iii)

a notice of change of principal office; or

(b)

if no principal office can be determined, a domestic or foreign nonprofit corporation's registered office. See Utah Code 16-6a-102

Proceeding: includes :

(a)	a civil suit;

(b)	arbitration;

(c)	mediation;

(d)	a criminal action;

(e)	an administrative action; or

(f)

an investigatory action. 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

(a)

A proceeding by the attorney general or director of the division to dissolve a nonprofit corporation shall be brought in:

(i)	the district court of the county in this state where the nonprofit corporation’s principal office is located; or

(ii)	if the nonprofit corporation has no principal office in this state, in the district court in and for Salt Lake County.

(b)

A proceeding brought by a party that is not listed in Subsection (1)(a) but is named in Section 16-6a-1414 shall be brought in:

(i)	the district court of the county in this state where the nonprofit corporation’s principal office is located; or

(ii)	if it has no principal office in this state, in the district court of Salt Lake County.

(2)	It is not necessary to make directors or members parties to a proceeding to dissolve a nonprofit corporation unless relief is sought against the directors or members individually.

(3)

A court in a proceeding brought to dissolve a nonprofit corporation may:

(a)	issue injunctions;

(b)	appoint a receiver or custodian pendente lite with all powers and duties the court directs; or

(c)	take other action required to preserve the corporate assets wherever located, and carry on the activities of the nonprofit corporation until a full hearing can be held.

Repealed by Chapter 401, 2023 General Session
Amended by Chapter 364, 2008 General Session

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