Terms Used In Utah Code > Title 16 > Chapter 6a > Part 3 - Purposes And Powers

• 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.
• 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
• 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.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Department: means the Department of Environmental Quality. See Utah Code 19-1-103
• Director: means a member of the board of directors. See Utah Code 16-6a-102
• Employee: includes an officer of a nonprofit corporation. See Utah Code 16-6a-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
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Fiduciary: A trustee, executor, or administrator.
• Individual: means :
       (31)(a) a natural person;
       (31)(b) the estate of an incompetent individual; or
       (31)(c) the estate of a deceased individual. See Utah Code 16-6a-102
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• 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.
• 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
• 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
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Notice: means the same as that term is defined in Section 16-6a-103. See Utah Code 16-6a-102
• 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:
       (40)(a) individual; or
       (40)(b) entity. See Utah Code 16-6a-102
• Personal property: All property that is not real property.
• 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
• 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
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Quorum: The number of legislators that must be present to do business.
• Receive: when used in reference to receipt of a writing or other document by a domestic or foreign nonprofit corporation, means the writing or other document is actually received:
       (43)(a) by the domestic or foreign nonprofit corporation at:

            (43)(a)(i) its registered office in this state; or

            (43)(a)(ii) its principal office;
       (43)(b) by the secretary of the domestic or foreign nonprofit corporation, wherever the secretary is found; or
       (43)(c) by another person authorized by the bylaws or the board of directors to receive the writing or other document, wherever that person is found. See Utah Code 16-6a-102
• Share: means a unit of interest in a nonprofit corporation. See Utah Code 16-6a-102
• 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.
• Trustee: A person or institution holding and administering property in trust.
• Vote: includes authorization by:
       (55)(a) written ballot; and
       (55)(b) written consent. See Utah Code 16-6a-102