Terms Used In Utah Code > Title 16 > Chapter 10b - Benefit Corporation Act

• Abuse: means the same as that term is defined in Section 80-1-102. See Utah Code 30-3-10.1
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• 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.
• Annual benefit report: means a report required under Section 16-10b-401. See Utah Code 16-10b-103
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Benefit corporation: means a business corporation:
       (2)(a) that elects to become subject to this chapter; and
       (2)(b) the status of which as a benefit corporation has not been terminated. See Utah Code 16-10b-103
• Benefit director: means the director designated as the benefit director of a benefit corporation under Section 16-10b-302. See Utah Code 16-10b-103
• Benefit enforcement proceeding: means a proceeding in a court of competent jurisdiction for:
       (4)(a) failure of a benefit corporation to pursue or create general public benefit or a specific public benefit purpose set forth in its articles of incorporation; or
       (4)(b) a violation of an obligation, duty, or standard of conduct under this chapter. See Utah Code 16-10b-103
• Benefit officer: means the individual designated as the benefit officer of a benefit corporation under Section 16-10b-304. See Utah Code 16-10b-103
• Board: means the lake authority's governing body, created in Section 11-65-301. See Utah Code 11-65-101
• Business corporation: means a corporation formed under Chapter 10a, Utah Revised Business Corporation Act, or Chapter 11, Professional Corporation Act. See Utah Code 16-10b-103
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Conviction: A judgement of guilt against a criminal defendant.
• 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.
• Counterclaim: A claim that a defendant makes against a plaintiff.
• Custodial responsibility: includes all powers and duties relating to caretaking authority and decision-making authority for a child. See Utah Code 30-3-10.1
• 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 16-10b-103
• Domestic violence: means the same as that term is defined in Section 77-36-1. See Utah Code 30-3-10.1
• Emergency response plan: means a written plan of action for the reasonable and appropriate contact, deployment, and coordination of services, agencies, and personnel to provide the earliest possible response to an injury or emergency. See Utah Code 11-63-102
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• 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.
• Executive officer: means :
       (8)(a) a benefit corporation's president;
       (8)(b) a vice president of the benefit corporation in charge of a principal business unit, division, or function; or
       (8)(c) any other officer who performs a policy-making function for the benefit corporation. See Utah Code 16-10b-103
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• General public benefit: means a material positive impact on society and the environment:
       (9)(a) taken as a whole;
       (9)(b) assessed against a third-party standard; and
       (9)(c) from the business of a benefit corporation. See Utah Code 16-10b-103
• Immediate family: means a parent, spouse, surviving spouse, child, or sibling of a person. See Utah Code 16-10b-103
• Independent: means having no material relationship with a benefit corporation or a subsidiary of the benefit corporation. See Utah Code 16-10b-103
• Inherent risk: means a danger or condition that is an integral part of an activity occurring at a trampoline park. See Utah Code 11-63-102
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Inspection: means a procedure that an inspector conducts to:
       (4)(a) determine whether a trampoline park facility, including any device or material, is constructed, assembled, maintained, tested, and operated in accordance with this chapter and the manufacturer's recommendations;
       (4)(b) determine the operational safety of a trampoline park facility, including any device or material; and
       (4)(c) determine whether the trampoline park's policies and procedures comply with this chapter. See Utah Code 11-63-102
• Inspector: means an individual who:
       (5)(a) conducts an inspection of a trampoline park to certify compliance with this chapter and industry safety standards; and
       (5)(b)

            (5)(b)(i) is certified by:

                 (5)(b)(i)(A) an organization that develops and publishes consensus standards for a wide range of materials, products, systems, and services that are used for trampolines; or

                 (5)(b)(i)(B) an organization that promotes trampoline park safety and adopts the standards described in Subsection (5)(b)(i)(A);

            (5)(b)(ii) represents the insurer of the trampoline park;

            (5)(b)(iii) represents or is certified by a department or agency, regardless of whether the agency is located within the state, that:

                 (5)(b)(iii)(A) inspects amusement and recreational facilities and equipment; and

                 (5)(b)(iii)(B) certifies and trains professional private industry inspectors through written testing and continuing education requirements; or

            (5)(b)(iv) represents an organization that the United States Olympic Committee designates as the national governing body for gymnastics. See Utah Code 11-63-102
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lake authority: means the Utah Lake Authority, created in Section 11-65-201. See Utah Code 11-65-101
• Lake authority boundary: means the boundary:
       (4)(a) defined by recorded boundary settlement agreements between private landowners and the Division of Forestry, Fire, and State Lands; and
       (4)(b) that separates privately owned land from Utah Lake sovereign land. See Utah Code 11-65-101
• Lake authority land: means land on the lake side of the lake authority boundary. See Utah Code 11-65-101
• Land: includes :
       (18)(a) land;
       (18)(b) a tenement;
       (18)(c) a hereditament;
       (18)(d) a water right;
       (18)(e) a possessory right; and
       (18)(f) a claim. See Utah Code 68-3-12.5
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Local regulating authority: means the business licensing division of:
       (6)(a) the city or town in which the trampoline park is located; or
       (6)(b) if the trampoline park is located in an unincorporated area, the county. See Utah Code 11-63-102
• Management: means work to coordinate and facilitate the improvement of Utah Lake, including work to enhance the long-term viability and health of Utah Lake and to produce economic, aesthetic, recreational, environmental, and other benefits for the state, consistent with the strategies, policies, and objectives described in this chapter. See Utah Code 11-65-101
• Management plan: means a plan to conceptualize, design, facilitate, coordinate, encourage, and bring about the management of the lake authority land to achieve the policies and objectives described in Section 11-65-203. See Utah Code 11-65-101
• Minimum status vote: means :
       (12)(a) in the case of a business corporation, in addition to any other required approval or vote, the satisfaction of the following conditions:

            (12)(a)(i) the shareholders of every class or series may vote as a separate voting group on the corporate action regardless of a limitation stated in the articles of incorporation or bylaws on the voting rights of a class or series; and

            (12)(a)(ii) the corporate action is required to be approved by vote of the shareholders of each class or series entitled to cast at least two-thirds of the votes that all shareholders of the class or series are entitled to cast on the action; or
       (12)(b) in the case of a domestic entity other than a business corporation, in addition to any other required approval, vote, or consent, the satisfaction of the following conditions:

            (12)(b)(i) the holders of every class or series of equity interest in the entity that are entitled to receive a distribution of any kind from the entity may vote on or consent to the action regardless of any otherwise applicable limitation on the voting or consent rights of a class or series; and

            (12)(b)(ii) the action must be approved by vote or consent of the holders described in Subsection (12)(b)(i) entitled to cast at least two-thirds of the votes or consents that all of those holders are entitled to cast on the action. See Utah Code 16-10b-103
• Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Operator: means a person who owns, manages, or controls or who has the duty to manage or control the operation of a trampoline park. See Utah Code 11-63-102
• Participant: means an individual that uses trampoline park equipment. See Utah Code 11-63-102
• Person: means :
       (24)(a) an individual;
       (24)(b) an association;
       (24)(c) an institution;
       (24)(d) a corporation;
       (24)(e) a company;
       (24)(f) a trust;
       (24)(g) a limited liability company;
       (24)(h) a partnership;
       (24)(i) a political subdivision;
       (24)(j) a government office, department, division, bureau, or other body of government; and
       (24)(k) any other organization or entity. See Utah Code 68-3-12.5
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Project area: means an area that is identified in a project area plan as the area where the management described in the project area plan will occur. See Utah Code 11-65-101
• Project area plan: means a written plan that, after the plan's effective date, manages activity within a project area within the scope of a management plan. See Utah Code 11-65-101
• Protective order: means :
       (6)(a) a civil protective order, as that term is defined in Section 78B-7-102;
       (6)(b) an ex parte civil protective order, as that term is defined in Section 78B-7-102; or
       (6)(c) a foreign protection order, as that term is defined in Section 78B-7-302. See Utah Code 30-3-10.1
• Psychological maltreatment: means a repeated pattern or extreme incident of caretaker behavior that:
       (7)(a) intentionally thwarts a child's basic psychological needs, including physical and psychological safety, cognitive stimulation, and respect;
       (7)(b) conveys that a child is worthless, defective, or expendable; and
       (7)(c) may terrorize a child. See Utah Code 30-3-10.1
• Public entity: means :
       (12)(a) the state, including each department, division, or other agency of the state; or
       (12)(b) a county, city, town, school district, special district, special service district, interlocal cooperation entity, community reinvestment agency, or other political subdivision of the state. See Utah Code 11-65-101
• Publicly traded corporation: means a business corporation that has shares listed on a national securities exchange or traded in a market maintained by one or more members of a national securities association. See Utah Code 16-10b-103
• Service member: means a member of a uniformed service. See Utah Code 30-3-10.1
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:
       (34)(a) sex and reproductive organ anatomy;
       (34)(b) chromosomal makeup; and
       (34)(c) endogenous hormone profiles. See Utah Code 68-3-12.5
• Sexual abuse: means the same as that term is defined in Section 80-1-102. See Utah Code 30-3-10.1
• Sovereign land: means land:
       (14)(a) lying below the ordinary high water mark of a navigable body of water at the date of statehood; and
       (14)(b) owned by the state by virtue of the state's sovereignty. See Utah Code 11-65-101
• Specific public benefit: includes :
       (14)(a) providing low-income or underserved individuals or communities with beneficial products or services;
       (14)(b) promoting economic opportunity for individuals or communities beyond the creation of jobs in the normal course of business;
       (14)(c) protecting or restoring the environment;
       (14)(d) improving human health;
       (14)(e) promoting the arts, sciences, or advancement of knowledge;
       (14)(f) increasing the flow of capital to entities with a purpose to benefit society or the environment; and
       (14)(g) conferring any other particular benefit on society or the environment. See Utah Code 16-10b-103
• 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.
• Subsidiary: means , in relation to a person, an entity in which the person owns beneficially or of record 50% or more of the outstanding equity interests, calculated as if all outstanding rights to acquire equity interests in the entity had been exercised. See Utah Code 16-10b-103
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Third-party standard: means a recognized standard for defining, reporting, and assessing corporate social and environmental performance that:
       (16)(a) assesses the effect of the business and its operations upon the interests listed in Subsections 16-10b-301(1)(a)(ii), (iii), (iv), and (v);
       (16)(b) is developed by an entity that is not controlled by the benefit corporation;
       (16)(c) is developed by an entity that both:

            (16)(c)(i) has access to necessary expertise to assess overall corporate social and environmental performance; and

            (16)(c)(ii) uses a balanced multistakeholder approach to develop the standard, including a reasonable public comment period; or
       (16)(d) makes the following information publicly available:

            (16)(d)(i) about the standard:

                 (16)(d)(i)(A) the criteria considered when measuring the overall social and environmental performance of a business; and

                 (16)(d)(i)(B) the relative weightings, if any, of those criteria; and

            (16)(d)(ii) about the development and revision of the standard:

                 (16)(d)(ii)(A) the identity of the directors, officers, material owners, and the governing body of the entity that developed and controls revisions to the standard;

                 (16)(d)(ii)(B) the process by which revisions to the standard and changes to the membership of the governing body are made; or

                 (16)(d)(ii)(C) an accounting of the revenue and sources of financial support for the entity, with sufficient detail to disclose a relationship that could reasonably be considered to present a potential conflict of interest. See Utah Code 16-10b-103
• Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Trampoline court: means an area of a trampoline park comprising:
       (10)(a) multiple commercial trampolines; or
       (10)(b) at least one commercial trampoline and at least one associated foam or inflatable bag pit. See Utah Code 11-63-102
• Trampoline park: means a place of business that offers the recreational use of a trampoline court for a fee. See Utah Code 11-63-102
• Uniformed service: means :
       (10)(a) active and reserve components of the United States Armed Forces;
       (10)(b) the United States Merchant Marine;
       (10)(c) the commissioned corps of the United States Public Health Service;
       (10)(d) the commissioned corps of the National Oceanic and Atmospheric Administration of the United States; or
       (10)(e) the National Guard of a state. See Utah Code 30-3-10.1
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Utah Lake: includes all waters of Utah Lake and all land, whether or not submerged under water, within the lake authority boundary. See Utah Code 11-65-101