Terms Used In Utah Code > Title 16 > Chapter 6a > Part 2 - Incorporation

• 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
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Agent: means the same as that term is defined in Section 61-1-13. See Utah Code 51-7-3
• Air pollution: means the same as that term is defined in Section 19-2-102. See Utah Code 19-12-102
• 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.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• 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
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Bequest: Property gifted by will.
• 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
• Charitable organization: means the same as that term is defined in Section 13-22-2. See Utah Code 16-6a-102
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Class: means a group of memberships that has the same right with respect to voting, dissolution, redemption, transfer, or other characteristics. See Utah Code 16-6a-102
• Commissioner: means the commissioner of financial institutions. See Utah Code 51-7-3
• Contract: A legal written agreement that becomes binding when signed.
• cooperative: means a nonprofit corporation organized or existing under this chapter. See Utah Code 16-6a-102
• Corporate name: means :
       (13)(a) the name of a domestic corporation as stated in the domestic corporation's articles of incorporation;
       (13)(b) the name of a domestic nonprofit corporation as stated in the domestic nonprofit corporation's articles of incorporation;
       (13)(c) the name of a foreign corporation as stated in the foreign corporation's:

            (13)(c)(i) articles of incorporation; or

            (13)(c)(ii) document of similar import to articles of incorporation; or
       (13)(d) the name of a foreign nonprofit corporation as stated in the foreign nonprofit corporation's:

            (13)(d)(i) articles of incorporation; or

            (13)(d)(ii) document of similar import to articles of incorporation. See Utah Code 16-6a-102
• 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.
• Council: means the State Money Management Council created by Section 51-7-16. See Utah Code 51-7-3
• Department: means the Department of Environmental Quality. See Utah Code 19-1-103
• Devise: To gift property by will.
• director: means :
            (4)(a)(i) for purposes of an application or certification under this chapter related to air pollution, the director of the Division of Air Quality; or
            (4)(a)(ii) for purposes of an application or certification under this chapter related to water pollution, the director of the Division of Water Quality. See Utah Code 19-12-102
• Director: means the director of the Utah State Division of Securities of the Department of Commerce. See Utah Code 51-7-3
• Director: means a member of the board of directors. See Utah Code 16-6a-102
• Distribution: means the payment of a dividend or any part of the income or profit of a nonprofit corporation to the nonprofit corporation's:
            (19)(a)(i) members;
            (19)(a)(ii) directors; or
            (19)(a)(iii) officers. See Utah Code 16-6a-102
• Division: means the Division of Corporations and Commercial Code. See Utah Code 16-6a-102
• Endowment funds: means gifts, devises, or bequests of property of any kind donated to a higher education institution from any source. See Utah Code 51-7-3
• 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.
• 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.
• Fraud: Intentional deception resulting in injury to another.
• Freestanding pollution control property: means tangible personal property located in the state, regardless of whether a purchaser purchases the tangible personal property voluntarily or to comply with a requirement of a governmental entity, if:
            (5)(a)(i) the primary purpose of the tangible personal property is the prevention, control, or reduction of air or water pollution by:

                 (5)(a)(i)(A) the disposal or elimination of, or redesign to eliminate, waste, and the use of treatment works for industrial waste; or

                 (5)(a)(i)(B) the disposal, elimination, or reduction of, or redesign to eliminate or reduce, air pollutants, air pollution, or air contamination sources, and the use of one or more air cleaning devices; and
            (5)(a)(ii) the tangible personal property is not used at, in the construction of, or incorporated into a pollution control facility. See Utah Code 19-12-102
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Governmental Accounting Standards Board: means the Governmental Accounting Standards Board that is responsible for accounting standards used by public entities. See Utah Code 51-7-3
• Higher education institution: means the institutions specified in Section 53B-1-102. See Utah Code 51-7-3
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• 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.
• 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}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Local government: means a county, municipality, school district, special district under Title 17B, Limited Purpose Local Government Entities - Special Districts, special service district under Title 17D, Chapter 1, Special Service District Act, or any other political subdivision of the state. See Utah Code 51-7-3
• Market value: means market value as defined in the Master Repurchase Agreement. See Utah Code 51-7-3
• Master Repurchase Agreement: means the current standard Master Repurchase Agreement approved by the Public Securities Association or by any successor organization. See Utah Code 51-7-3
• Maximum amount: means , with respect to qualified depositories, the total amount of:
       (19)(a) deposits in excess of the federal deposit insurance limit; and
       (19)(b) nonqualifying repurchase agreements. See Utah Code 51-7-3
• Member: includes :
            (34)(b)(i) "voting member"; and
            (34)(b)(ii) a shareholder in a water company. See Utah Code 16-6a-102
• Membership: refers to the rights and obligations of a member or members. See Utah Code 16-6a-102
• Nationally recognized statistical rating organization: means an organization that has been designated as a nationally recognized statistical rating organization by the Securities and Exchange Commission's Division of Market Regulation. See Utah Code 51-7-3
• Nonqualifying repurchase agreement: means a repurchase agreement evidencing indebtedness of a qualified depository arising from the transfer of obligations of the United States Treasury or other authorized investments to public treasurers that is:
       (22)(a) evidenced by a safekeeping receipt issued by the qualified depository;
       (22)(b) included in the depository's maximum amount of public funds; and
       (22)(c) valued and maintained at market value plus an appropriate margin collateral requirement based upon the term of the agreement and the type of securities acquired. See Utah Code 51-7-3
• 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.
• Person: means an individual, trust, firm, estate, company, corporation, partnership, association, state, state or federal agency or entity, municipality, commission, or political subdivision of a state. See Utah Code 19-1-103
• Person: means an:
       (40)(a) individual; or
       (40)(b) entity. See Utah Code 16-6a-102
• Personal property: includes :
       (25)(a) money;
       (25)(b) goods;
       (25)(c) chattels;
       (25)(d) effects;
       (25)(e) evidences of a right in action;
       (25)(f) a written instrument by which a pecuniary obligation, right, or title to property is created, acknowledged, transferred, increased, defeated, discharged, or diminished; and
       (25)(g) a right or interest in an item described in Subsections (25)(a) through (f). See Utah Code 68-3-12.5
• Personal property: All property that is not real property.
• Pollution control facility: includes :
            (6)(b)(i) an addition to real property described in Subsection (6)(a);
            (6)(b)(ii) the reconstruction of real property described in Subsection (6)(a); or
            (6)(b)(iii) an improvement to real property described in Subsection (6)(a). See Utah Code 19-12-102
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• 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
• Public funds: means money, funds, and accounts, regardless of the source from which the money, funds, and accounts are derived, that are owned, held, or administered by the state or any of its boards, commissions, institutions, departments, divisions, agencies, bureaus, laboratories, or other similar instrumentalities, or any county, city, school district, political subdivision, or other public body. See Utah Code 51-7-3
• Public money: means "public funds. See Utah Code 51-7-3
• Public treasurer: includes the state treasurer and the official of any state board, commission, institution, department, division, agency, or other similar instrumentality, or of any county, city, school district, charter school, political subdivision, or other public body who has the responsibility for the safekeeping and investment of any public funds. See Utah Code 51-7-3
• Qualified depository: means a Utah depository institution or an out-of-state depository institution, as those terms are defined in Section 7-1-103, that is authorized to conduct business in this state under Section 7-1-702 or Title 7, Chapter 19, Acquisition of Failing Depository Institutions or Holding Companies, whose deposits are insured by an agency of the federal government and that has been certified by the commissioner of financial institutions as having met the requirements established under this chapter and the rules of the council to be eligible to receive deposits of public funds. See Utah Code 51-7-3
• 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.
• Treatment works: means the same as that term is defined in Section 19-5-102. See Utah Code 19-12-102
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Vote: includes authorization by:
       (55)(a) written ballot; and
       (55)(b) written consent. See Utah Code 16-6a-102
• Waste: means the same as that term is defined in Section 19-5-102. See Utah Code 19-12-102