Terms Used In Utah Code > Title 16 > Chapter 6a > Part 4 - Name

• 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
• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• 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.
• 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.
• 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 canvassers: means the entities established by Sections 20A-4-301 and 20A-4-306 to canvass election returns. See Utah Code 20A-1-102
• Bond election: means an election held for the purpose of approving or rejecting the proposed issuance of bonds by a government entity. See Utah Code 20A-1-102
• 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
• Canvassing judge: means a poll worker designated to assist in counting ballots at the canvass. See Utah Code 20A-1-102
• Certified dealer: means :
       (2)(a) a primary reporting dealer recognized by the Federal Reserve Bank of New York who is certified by the director as having met the applicable criteria of council rule; or
       (2)(b) a broker dealer who:

            (2)(b)(i) has and maintains an office and a resident registered principal in the state;

            (2)(b)(ii) meets the capital requirements established by council rules;

            (2)(b)(iii) meets the requirements for good standing established by council rule; and

            (2)(b)(iv) is certified by the director as meeting quality criteria established by council rule. See Utah Code 51-7-3
• Certified investment adviser: means a federal covered adviser, as defined in Section 61-1-13, or an investment adviser, as defined in Section 61-1-13, who is certified by the director as having met the applicable criteria of council rule. See Utah Code 51-7-3
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Commissioner: means the commissioner of financial institutions. See Utah Code 51-7-3
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Contract: A legal written agreement that becomes binding when signed.
• Contracting election officer: means an election officer who enters into a contract or interlocal agreement with a provider election officer. See Utah Code 20A-1-102
• Convention: means the political party convention at which party officers and delegates are selected. See Utah Code 20A-1-102
• 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
• Counting center: means one or more locations selected by the election officer in charge of the election for the automatic counting of ballots. See Utah Code 20A-1-102
• Counting judge: means a poll worker designated to count the ballots during election day. See Utah Code 20A-1-102
• County officers: means those county officers that are required by law to be elected. See Utah Code 20A-1-102
• Department: means the Department of Environmental Quality. See Utah Code 19-1-103
• Director: means the director of the Utah State Division of Securities of the Department of Commerce. See Utah Code 51-7-3
• 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 judge: means a poll worker that is assigned to:
       (22)(a) preside over other poll workers at a polling place;
       (22)(b) act as the presiding election judge; or
       (22)(c) serve as a canvassing judge, counting judge, or receiving judge. See Utah Code 20A-1-102
• Election officer: means :
       (23)(a) the lieutenant governor, for all statewide ballots and elections;
       (23)(b) the county clerk for:

            (23)(b)(i) a county ballot and election; and

            (23)(b)(ii) a ballot and election as a provider election officer as provided in Section Utah Code 20A-1-102
• Election official: means any election officer, election judge, or poll worker. See Utah Code 20A-1-102
• Election results: means :
       (25)(a) for an election other than a bond election, the count of votes cast in the election and the election returns requested by the board of canvassers; or
       (25)(b) for bond elections, the count of those votes cast for and against the bond proposition plus any or all of the election returns that the board of canvassers may request. See Utah Code 20A-1-102
• 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
• 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
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• 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.
• Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
  • You are late making a payment or commit some other default, triggering an increase to a penalty rate
  • The bank changes the terms of your account and you do not reject the change.
  • The rate expires (if the rate was fixed for only a certain period of time).
• 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
• 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
• Hard put: means an unconditional sell-back provision or a redemption provision applicable at issue to a note or bond, allowing holders to sell their holdings back to the issuer or to an equal or higher-rated third party provider at specific intervals and specific prices determined at the time of issuance. See Utah Code 51-7-3
• Inactive voter: means a registered voter who is listed as inactive by a county clerk under Subsection 20A-2-505(4)(c)(i) or (ii). See Utah Code 20A-1-102
• 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}
• Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
• Judicial officer: means any justice or judge of a court of record or any county court judge. See Utah Code 20A-1-102
• 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.
• 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
• Local political subdivision: means a county, a municipality, a special district, or a local school district. See Utah Code 20A-1-102
• Local special election: means a special election called by the governing body of a local political subdivision in which all registered voters of the local political subdivision may vote. See Utah Code 20A-1-102
• 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
• Mechanical ballot: means a record, including a paper record, electronic record, or mechanical record, that:
       (35)(a) is created via electronic or mechanical means; and
       (35)(b) records an individual voter's vote cast via a method other than an individual directly placing a mark, using a pen or other marking instrument, to record an individual voter's vote. See Utah Code 20A-1-102
• Money market mutual fund: means an open-end managed investment fund:
       (20)(a) that complies with the diversification, quality, and maturity requirements of Rule 2a-7 or any successor rule of the Securities and Exchange Commission applicable to money market mutual funds; and
       (20)(b) that assesses no sales load on the purchase of shares and no contingent deferred sales charge or other similar charges, however designated. See Utah Code 51-7-3
• Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• 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 office: means an elective office in a municipality. See Utah Code 20A-1-102
• Municipal officers: means those municipal officers that are required by law to be elected. 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
• Municipality: means a city or town. 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
• Oath: A promise to tell the truth.
• Oath: includes "affirmation. 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.
• Official ballot: means the ballots distributed by the election officer for voters to record their votes. See Utah Code 20A-1-102
• Official endorsement: means the information on the ballot that identifies:
       (44)(a) the ballot as an official ballot;
       (44)(b) the date of the election; and
       (44)(c)

            (44)(c)(i) for a ballot prepared by an election officer other than a county clerk, the facsimile signature required by Subsection 20A-6-401(1)(a)(iii); or

            (44)(c)(ii) for a ballot prepared by a county clerk, the words required by Subsection 20A-6-301(1)(b)(iii). See Utah Code 20A-1-102
• Official register: means the official record furnished to election officials by the election officer that contains the information required by Section 20A-5-401. See Utah Code 20A-1-102
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Permitted depository: means any out-of-state financial institution that meets quality criteria established by rule of the council. See Utah Code 51-7-3
• Person: means an:
       (40)(a) individual; or
       (40)(b) entity. 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
• Political party: means an organization of registered voters that has qualified to participate in an election by meeting the requirements of Chapter 8, Political Party Formation and Procedures. See Utah Code 20A-1-102
• Poll worker: includes election judges. See Utah Code 20A-1-102
• Pollbook: means a record of the names of voters in the order that they appear to cast votes. See Utah Code 20A-1-102
• Polling place: means a building where voting is conducted. See Utah Code 20A-1-102
• Position: means a square, circle, rectangle, or other geometric shape on a ballot in which the voter marks the voter's choice. See Utah Code 20A-1-102
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Provider election officer: means an election officer who enters into a contract or interlocal agreement with a contracting election officer to conduct an election for the contracting election officer's local political subdivision in accordance with Section Utah Code 20A-1-102
• Provisional ballot: means a ballot voted provisionally by a person:
       (55)(a) whose name is not listed on the official register at the polling place;
       (55)(b) whose legal right to vote is challenged as provided in this title; or
       (55)(c) whose identity was not sufficiently established by a poll worker. See Utah Code 20A-1-102
• Provisional ballot envelope: means an envelope printed in the form required by Section 20A-6-105 that is used to identify provisional ballots and to provide information to verify a person's legal right to vote. See Utah Code 20A-1-102
• Proxy voting: The practice of allowing a legislator to cast a vote in committee for an absent legislator.
• Public figure: means an individual who, due to the individual being considered for, holding, or having held a position of prominence in a public or private capacity, or due to the individual's celebrity status, has an increased risk to the individual's safety. See Utah Code 20A-1-102
• 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 law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• 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: 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
• 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
• Quorum: The number of legislators that must be present to do business.
• Receiving judge: means the poll worker that checks the voter's name in the official register at a polling place and provides the voter with a ballot. See Utah Code 20A-1-102
• Reciprocal deposits: means deposits that are initially deposited into a qualified depository and are then redeposited through a deposit account registry service:
       (32)(a) in one or more FDIC-insured depository institutions in amounts up to the relevant FDIC-insured deposit limit for a depositor in each depository institution; and
       (32)(b) in exchange for reciprocal FDIC-insured deposits made through the deposit account registry service to the qualified depository. See Utah Code 51-7-3
• Registration form: means a form by which an individual may register to vote under this title. See Utah Code 20A-1-102
• Regular ballot: means a ballot that is not a provisional ballot. 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
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Resident: means a person who resides within a specific voting precinct in Utah. See Utah Code 20A-1-102
• Return envelope: means the envelope, described in Subsection 20A-3a-202(4), provided to a voter with a manual ballot:
       (65)(a) into which the voter places the manual ballot after the voter has voted the manual ballot in order to preserve the secrecy of the voter's vote; and
       (65)(b) that includes the voter affidavit and a place for the voter's signature. See Utah Code 20A-1-102
• Sample ballot: means a mock ballot similar in form to the official ballot, published as provided in Section 20A-5-405. See Utah Code 20A-1-102
• Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
• Special district: means a local government entity under Title 17B, Limited Purpose Local Government Entities - Special Districts, and includes a special service district under Title 17D, Chapter 1, Special Service District Act. See Utah Code 20A-1-102
• Special district officers: means those special district board members who are required by law to be elected. See Utah Code 20A-1-102
• Special election: means an election held as authorized by Section 20A-1-203. See Utah Code 20A-1-102
• Spoiled ballot: means each ballot that:
       (70)(a) is spoiled by the voter;
       (70)(b) is unable to be voted because it was spoiled by the printer or a poll worker; or
       (70)(c) lacks the official endorsement. See Utah Code 20A-1-102
• 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
• Statewide special election: means a special election called by the governor or the Legislature in which all registered voters in Utah may vote. See Utah Code 20A-1-102
• Statute: A law passed by a legislature.
• Tabulation system: means a device or system designed for the sole purpose of tabulating votes cast by voters at an election. See Utah Code 20A-1-102
• Ticket: means a list of:
       (73)(a) political parties;
       (73)(b) candidates for an office; or
       (73)(c) ballot propositions. See Utah Code 20A-1-102
• Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Transfer case: means the sealed box used to transport voted ballots to the counting center. See Utah Code 20A-1-102
• United States: includes a district, authority, office, bureau, commission, department, and another agency of the United States of America. See Utah Code 16-6a-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
• Valid voter identification: means :
       (76)(a) a form of identification that bears the name and photograph of the voter which may include:

            (76)(a)(i) a currently valid Utah driver license;

            (76)(a)(ii) a currently valid identification card that is issued by:

                 (76)(a)(ii)(A) the state; or

                 (76)(a)(ii)(B) a branch, department, or agency of the United States;

            (76)(a)(iii) a currently valid Utah permit to carry a concealed weapon;

            (76)(a)(iv) a currently valid United States passport; or

            (76)(a)(v) a currently valid United States military identification card;
       (76)(b) one of the following identification cards, whether or not the card includes a photograph of the voter:

            (76)(b)(i) a valid tribal identification card;

            (76)(b)(ii) a Bureau of Indian Affairs card; or

            (76)(b)(iii) a tribal treaty card; or
       (76)(c) two forms of identification not listed under Subsection (76)(a) or (b) but that bear the name of the voter and provide evidence that the voter resides in the voting precinct, which may include:

            (76)(c)(i) a current utility bill or a legible copy thereof, dated within the 90 days before the election;

            (76)(c)(ii) a bank or other financial account statement, or a legible copy thereof;

            (76)(c)(iii) a certified birth certificate;

            (76)(c)(iv) a valid social security card;

            (76)(c)(v) a check issued by the state or the federal government or a legible copy thereof;

            (76)(c)(vi) a paycheck from the voter's employer, or a legible copy thereof;

            (76)(c)(vii) a currently valid Utah hunting or fishing license;

            (76)(c)(viii) certified naturalization documentation;

            (76)(c)(ix) a currently valid license issued by an authorized agency of the United States;

            (76)(c)(x) a certified copy of court records showing the voter's adoption or name change;

            (76)(c)(xi) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card;

            (76)(c)(xii) a currently valid identification card issued by:

                 (76)(c)(xii)(A) a local government within the state;

                 (76)(c)(xii)(B) an employer for an employee; or

                 (76)(c)(xii)(C) a college, university, technical school, or professional school located within the state; or

            (76)(c)(xiii) a current Utah vehicle registration. See Utah Code 20A-1-102
• Valid write-in candidate: means a candidate who has qualified as a write-in candidate by following the procedures and requirements of this title. See Utah Code 20A-1-102
• Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
• Vote by mail: means to vote, using a manual ballot that is mailed to the voter, by:
       (78)(a) mailing the ballot to the location designated in the mailing; or
       (78)(b) depositing the ballot in a ballot drop box designated by the election officer. See Utah Code 20A-1-102
• 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
• Voter registration deadline: means the registration deadline provided in Section Utah Code 20A-1-102
• Voting area: means the area within six feet of the voting booths, voting machines, and ballot box. See Utah Code 20A-1-102
• Voting booth: means :
       (82)(a) the space or compartment within a polling place that is provided for the preparation of ballots, including the voting enclosure or curtain; or
       (82)(b) a voting device that is free standing. See Utah Code 20A-1-102
• Voting device: means any device provided by an election officer for a voter to vote a mechanical ballot. See Utah Code 20A-1-102
• 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
• Watcher: means an individual who complies with the requirements described in Section 20A-3a-801 to become a watcher for an election. See Utah Code 20A-1-102
• Write-in ballot: means a ballot containing any write-in votes. See Utah Code 20A-1-102
• Write-in vote: means a vote cast for an individual, whose name is not printed on the ballot, in accordance with the procedures established in this title. 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