Utah Code 48-1d-117. Liability for inaccurate information in filed record
Current as of: 2024 | Check for updates
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(1) If a record delivered to the division for filing under this chapter and filed by the division contains inaccurate information, a person that suffers loss by reliance on the information may recover damages for the loss from:
Terms Used In Utah Code 48-1d-117
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Division: means the Division of Corporations and Commercial Code. See Utah Code 48-1d-102
- Partner: means a person that:(11)(a) has become a partner in a partnership under Section 48-1d-401 or was a partner in a partnership when the partnership became subject to this chapter under Section 48-1d-1405; and(11)(b) has not dissociated as a partner under Section 48-1d-701. See Utah Code 48-1d-102
- Person: means an individual, business corporation, nonprofit corporation, partnership, limited partnership, limited liability company, limited cooperative association, unincorporated nonprofit association, statutory trust, business trust, common-law business trust, estate, trust, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Utah Code 48-1d-102
- Sign: means , with present intent to authenticate or adopt a record:
(22)(a) to execute or adopt a tangible symbol; or(22)(b) to attach to or logically associate with the record an electronic symbol, sound, or process. See Utah Code 48-1d-102(1)(a) a person that signed the record, or caused another to sign it on the person’s behalf, and knew the information to be inaccurate at the time the record was signed; and(1)(b) a partner, if:(1)(b)(i) the record was delivered for filing on behalf of the partnership; and(1)(b)(ii) the partner had notice of the inaccuracy for a reasonably sufficient time before the information was relied upon so that, before the reliance, the partner reasonably could have:(1)(b)(ii)(A) effected an amendment under Subsection 48-1d-1101(6);(1)(b)(ii)(B) filed a petition under Section 48-1d-111; or(2) An individual who signs a record authorized or required to be filed under this chapter affirms under penalty of perjury that the information stated in the record is accurate.