Utah Code 53B-21-106. Examination and certification of bonds by attorney general — Recital of certification — Incontestability of bonds
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(1) The resolutions and proceedings authorizing the issuance and confirming sale of bonds under this chapter are submitted to the attorney general for examination.
Terms Used In Utah Code 53B-21-106
- Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
- Fraud: Intentional deception resulting in injury to another.
- 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) When the resolutions and proceedings have been examined and the bonds certified as legal obligations by the attorney general, the bonds are incontestable in any court in the state unless suit is brought within 30 days from the date of the approval.
(3) A bond authorized under this section shall contain a recital on its face in substantially the following form: “This bond is one of a series of bonds which were certified as legal obligations by the attorney general of the state of Utah on ___.”
(4) Bonds authorized, issued, and sold under resolutions and proceedings approved by the attorney general are prima facie valid and binding obligations according to their terms.
(5) The only defense which may be offered in any suit instituted after the 30-day period has expired is forgery, fraud, or violation of the Constitution.