Terms Used In Utah Code > Title 16 > Chapter 6a > Part 11 - Merger

• 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
• 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.
• Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
• Articles of incorporation: include :
       (3)(a) amended articles of incorporation;
       (3)(b) restated articles of incorporation;
       (3)(c) articles of merger; and
       (3)(d) a document of a similar import to the documents described in Subsections (3)(a) through (c). See Utah Code 16-6a-102
• Ballot: means the storage medium, including a paper, mechanical, or electronic storage medium, that records an individual voter's vote. See Utah Code 20A-1-102
• board of directors: means the body authorized to manage the affairs of a domestic or foreign nonprofit corporation. See Utah Code 16-6a-102
• Bylaws: includes :
            (6)(b)(i) amended bylaws; and
            (6)(b)(ii) restated bylaws. See Utah Code 16-6a-102
• Canvass: means the review of election returns and the official declaration of election results by the board of canvassers. See Utah Code 20A-1-102
• Contract: A legal written agreement that becomes binding when signed.
• Convention: means the political party convention at which party officers and delegates are selected. See Utah Code 20A-1-102
• 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.
• Covered voter: means an individual who:
       (1)(a) satisfies Utah's voter eligibility requirements that do not relate to residency;
       (1)(b) is not registered to vote in a state other than Utah;
       (1)(c) is absent from the United States on the day of the election; and
       (1)(d)

            (1)(d)(i) is a resident of Utah under Section 20A-2-105, but is absent from the United States on election day because the individual:

                 (1)(d)(i)(A) is a uniformed service voter; or

                 (1)(d)(i)(B) temporarily resides outside the United States;

            (1)(d)(ii) is a foreign United States citizen who:

                 (1)(d)(ii)(A) before establishing a principal place of residence outside the United States, established a principal place of residence in Utah; and

                 (1)(d)(ii)(B) did not, after leaving Utah, register to vote in a state other than Utah or establish a principal place of residence in a state other than Utah; or

            (1)(d)(iii) is a foreign United States citizen:

                 (1)(d)(iii)(A) who has never registered to vote in a state other than Utah;

                 (1)(d)(iii)(B) who has never established a principal place of residence in the United States; and

                 (1)(d)(iii)(C) whose parent, legal guardian, spouse, or domestic partner established the parent's, legal guardian's, spouse's, or domestic partner's most recent United States principal place of residence in Utah. See Utah Code 20A-16-102
• Deliver: includes delivery by mail or another means of transmission authorized by Section 16-6a-103, except that delivery to the division means actual receipt by the division. See Utah Code 16-6a-102
• Dependent: A person dependent for support upon another.
• Dependent: means an individual recognized as a dependent by a uniformed service. See Utah Code 20A-16-102
• Division: means the Division of Corporations and Commercial Code. See Utah Code 16-6a-102
• domestic corporation: means a corporation for profit that:
       (15)(a) is not a foreign corporation; and
       (15)(b) is incorporated under or subject to Chapter 10a, Utah Revised Business Corporation Act. See Utah Code 16-6a-102
• domestic nonprofit corporation: means an entity that:
       (37)(a) is not a foreign nonprofit corporation; and
       (37)(b) is incorporated under or subject to this chapter. See Utah Code 16-6a-102
• Election: means a regular general election, a municipal general election, a statewide special election, a local special election, a regular primary election, a municipal primary election, and a special district election. See Utah Code 20A-1-102
• Election official: means any election officer, election judge, or poll worker. See Utah Code 20A-1-102
• Entity: includes :
       (25)(a) a domestic or foreign corporation;
       (25)(b) a domestic or foreign nonprofit corporation;
       (25)(c) a limited liability company;
       (25)(d) a profit or nonprofit unincorporated association;
       (25)(e) a business trust;
       (25)(f) an estate;
       (25)(g) a partnership;
       (25)(h) a trust;
       (25)(i) two or more persons having a joint or common economic interest;
       (25)(j) a state;
       (25)(k) the United States; or
       (25)(l) a foreign government. See Utah Code 16-6a-102
• Federal postcard application: means the application prescribed under the Uniformed and Overseas Citizens Absentee Voting Act, Utah Code 20A-16-102
• Federal write-in absentee ballot: means the ballot described in the Uniformed and Overseas Citizens Absentee Voting Act, Utah Code 20A-16-102
• Foreign corporation: means a corporation for profit incorporated under a law other than the laws of this state. See Utah Code 16-6a-102
• Foreign nonprofit corporation: means an entity:
       (28)(a) incorporated under a law other than the laws of this state; and
       (28)(b) that would be a nonprofit corporation if formed under the laws of this state. See Utah Code 16-6a-102
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Guardian: includes a person who:
       (14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or
       (14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5
• 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.
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• mailing: includes registered or certified mail for which the proper fee is paid. See Utah Code 16-6a-102
• Manual ballot: means a paper document produced by an election officer on which an individual records an individual's vote by directly placing a mark on the paper document using a pen or other marking instrument. See Utah Code 20A-1-102
• Member: includes :
            (34)(b)(i) "voting member"; and
            (34)(b)(ii) a shareholder in a water company. See Utah Code 16-6a-102
• Military-overseas ballot: means :
       (6)(a) a federal write-in absentee ballot;
       (6)(b) a ballot specifically prepared or distributed for use by a covered voter in accordance with this chapter; or
       (6)(c) a ballot cast by a covered voter in accordance with this chapter. See Utah Code 20A-16-102
• money: means :
            (7)(a)(i) legal tender;
            (7)(a)(ii) a negotiable instrument; or
            (7)(a)(iii) other cash equivalent readily convertible into legal tender. See Utah Code 16-6a-102
• Municipal general election: means the election held in municipalities and, as applicable, special districts on the first Tuesday after the first Monday in November of each odd-numbered year for the purposes established in Section 20A-1-202. See Utah Code 20A-1-102
• Municipal primary election: means an election held to nominate candidates for municipal office. See Utah Code 20A-1-102
• Notice: means the same as that term is defined in Section 16-6a-103. See Utah Code 16-6a-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
• Person: means an:
       (40)(a) individual; or
       (40)(b) entity. 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
• Proceeding: includes :
       (42)(a) a civil suit;
       (42)(b) arbitration;
       (42)(c) mediation;
       (42)(d) a criminal action;
       (42)(e) an administrative action; or
       (42)(f) an investigatory action. See Utah Code 16-6a-102
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• qualified: means to take the oath of office and begin performing the duties of the position for which the individual was elected. See Utah Code 20A-1-102
• Regular general election: means the election held throughout the state on the first Tuesday after the first Monday in November of each even-numbered year for the purposes established in Section 20A-1-201. See Utah Code 20A-1-102
• Regular primary election: means the election, held on the date specified in Section Utah Code 20A-1-102
• Resident: means a person who resides within a specific voting precinct in Utah. See Utah Code 20A-1-102
• Shareholder: means a person in whose name a share is registered in the records of a nonprofit corporation. See Utah Code 16-6a-102
• Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
• 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
• State: means a state of the United States, the District of Columbia, Puerto Rico, Guam, the United States Virgin Islands, or American Samoa. See Utah Code 20A-16-102
• Swear: includes "affirm. See Utah Code 68-3-12.5
• Uniformed service: means :
       (9)(a) active and reserve components of the armed forces as defined in Section Utah Code 20A-16-102
• United States: when used in the territorial sense, means the several states, the District of Columbia, Puerto Rico, Guam, the United States Virgin Islands, and American Samoa. See Utah Code 20A-16-102
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Vacancy: means :
       (75)(a) except as provided in Subsection (75)(b), the absence of an individual to serve in a position created by state constitution or state statute, whether that absence occurs because of death, disability, disqualification, resignation, or other cause ; or
       (75)(b) in relation to a candidate for a position created by state constitution or state statute, the removal of a candidate due to the candidate's death, resignation, or disqualification. See Utah Code 20A-1-102
• Vote: includes authorization by:
       (55)(a) written ballot; and
       (55)(b) written consent. See Utah Code 16-6a-102
• Voter: means an individual who:
       (79)(a) meets the requirements for voting in an election;
       (79)(b) meets the requirements of election registration;
       (79)(c) is registered to vote; and
       (79)(d) is listed in the official register book. See Utah Code 20A-1-102
• Voting group: means all the members of one or more classes of members or directors that, under this chapter, the articles of incorporation, or the bylaws, are entitled to vote and be counted together collectively on a matter. See Utah Code 16-6a-102
• Voting precinct: means the smallest geographical voting unit, established under Chapter 5, Part 3, Duties of the County and Municipal Legislative Bodies. See Utah Code 20A-1-102
• Writing: includes :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5