Utah Code > Title 16 > Chapter 6a > Part 9 – Indemnification


§ 16-6a-901	Indemnification definitions
§ 16-6a-902	Authority to indemnify directors
§ 16-6a-903	Mandatory indemnification of directors
§ 16-6a-904	Advance of expenses for directors
§ 16-6a-905	Court-ordered indemnification of directors
§ 16-6a-906	Determination and authorization of indemnification of directors
§ 16-6a-907	Indemnification of officers, employees, fiduciaries, and agents
§ 16-6a-908	Insurance
§ 16-6a-909	Limitations on indemnification of directors
§ 16-6a-910	Notice to voting members of indemnification of director

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Terms Used In Utah Code > Title 16 > Chapter 6a > Part 9 - Indemnification

Address: means the number and street where an individual resides or where a reporting entity has its principal office. See Utah Code 20A-11-101
Adjudicative proceeding: means :
(2)(a) an action by a board, commission, department, officer, or other administrative unit of the state that determines the legal rights, duties, privileges, immunities, or other legal interests of one or more identifiable persons, including an action to grant, deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license; and
(2)(b) judicial review of an action described in Subsection (2)(a). See Utah Code 68-3-12.5
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.
agent: include any person who, while serving the indicated relationship to the nonprofit corporation, at the nonprofit corporation's request, is or was serving as a director, officer, partner, trustee, employee, fiduciary, or agent of:
          (5)(a)(i) another domestic or foreign corporation;
          (5)(a)(ii) another person; or
          (5)(a)(iii) an employee benefit plan. See Utah Code 16-6a-901
Agent of a reporting entity: means :
     (2)(a) a person acting on behalf of a reporting entity at the direction of the reporting entity;
     (2)(b) a person employed by a reporting entity in the reporting entity's capacity as a reporting entity;
     (2)(c) the personal campaign committee of a candidate or officeholder;
     (2)(d) a member of the personal campaign committee of a candidate or officeholder in the member's capacity as a member of the personal campaign committee of the candidate or officeholder; or
     (2)(e) a political consultant of a reporting entity. See Utah Code 20A-11-101
Amortization: Paying off a loan by regular installments.
Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
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
Ballot proposition: includes initiatives, referenda, proposed constitutional amendments, and any other ballot propositions submitted to the voters that are authorized by the Utah Code Annotated 1953. See Utah Code 20A-11-101
Bequest: Property gifted by will.
Board: means the Utah Board of Higher Education described in Section 53B-1-402. See Utah Code 53B-1-101.5
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
Candidate: means any person who:
(4)(a) files a declaration of candidacy for a public office; or
(4)(b) receives contributions, makes expenditures, or gives consent for any other person to receive contributions or make expenditures to bring about the person's nomination or election to a public office. See Utah Code 20A-11-101
Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
Chief election officer: means :
(5)(a) the lieutenant governor for state office candidates, legislative office candidates, officeholders, political parties, political action committees, corporations, political issues committees, state school board candidates, judges, and labor organizations, as defined in Section 20A-11-1501; and
(5)(b) the county clerk for local school board candidates. See Utah Code 20A-11-101
City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Contract: A legal written agreement that becomes binding when signed.
Contribution: means any of the following when done for political purposes:
          (6)(a)(i) a gift, subscription, donation, loan, advance, or deposit of money or anything of value given to the filing entity;
          (6)(a)(ii) an express, legally enforceable contract, promise, or agreement to make a gift, subscription, donation, unpaid or partially unpaid loan, advance, or deposit of money or anything of value to the filing entity;
          (6)(a)(iii) any transfer of funds from another reporting entity to the filing entity;
          (6)(a)(iv) compensation paid by any person or reporting entity other than the filing entity for personal services provided without charge to the filing entity;
          (6)(a)(v) remuneration from:
               (6)(a)(v)(A) any organization or its directly affiliated organization that has a registered lobbyist; or
               (6)(a)(v)(B) any agency or subdivision of the state, including school districts;
          (6)(a)(vi) a loan made by a candidate deposited to the candidate's own campaign; and
          (6)(a)(vii) in-kind contributions. See Utah Code 20A-11-101
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.
Coordinated with: means that goods or services provided for the benefit of a political entity are provided:
     (7)(a) with the political entity's prior knowledge, if the political entity does not object;
     (7)(b) by agreement with the political entity;
     (7)(c) in coordination with the political entity; or
     (7)(d) using official logos, slogans, and similar elements belonging to a political entity. See Utah Code 20A-11-101
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.
Corporation: means a domestic or foreign, profit or nonprofit, business organization that is registered as a corporation or is authorized to do business in a state and makes any expenditure from corporate funds for:
(8)(a)(i) the purpose of expressly advocating for political purposes; or
(8)(a)(ii) the purpose of expressly advocating the approval or the defeat of any ballot proposition. See Utah Code 20A-11-101
County political party: means , for each registered political party, all of the persons within a single county who, under definitions established by the political party, are members of the registered political party. See Utah Code 20A-11-101
County political party officer: means a person whose name is required to be submitted by a county political party to the lieutenant governor in accordance with Section 20A-8-402. See Utah Code 20A-11-101
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Deed: The legal instrument used to transfer title in real property from one person to another.
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Detailed listing: means :
     (11)(a) for each contribution or public service assistance:
          (11)(a)(i) the name and address of the individual or source making the contribution or public service assistance, except to the extent that the name or address of the individual or source is unknown;
          (11)(a)(ii) the amount or value of the contribution or public service assistance; and
          (11)(a)(iii) the date the contribution or public service assistance was made; and
     (11)(b) for each expenditure:
          (11)(b)(i) the amount of the expenditure;
          (11)(b)(ii) the goods or services acquired by the expenditure; and
          (11)(b)(iii) the date the expenditure was made. See Utah Code 20A-11-101
Devise: To gift property by will.
Director: includes , unless the context requires otherwise, the estate or personal representative of a director. See Utah Code 16-6a-901
Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
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
Donor: The person who makes a gift.
Donor: means a person that gives money, including a fee, due, or assessment for membership in the corporation, to a corporation without receiving full and adequate consideration for the money. See Utah Code 20A-11-101
Election: means each:
     (13)(a) regular general election;
     (13)(b) regular primary election; and
     (13)(c) special election at which candidates are eliminated and selected. See Utah Code 20A-11-101
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
Electioneering communication: means a communication that:
     (14)(a) has at least a value of $10,000;
     (14)(b) clearly identifies a candidate or judge; and
     (14)(c) is disseminated through the Internet, newspaper, magazine, outdoor advertising facility, direct mailing, broadcast, cable, or satellite provider within 45 days of the clearly identified candidate's or judge's election date. See Utah Code 20A-11-101
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
Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
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.
Expenditure: means any of the following made by a reporting entity or an agent of a reporting entity on behalf of the reporting entity:
          (15)(a)(i) any disbursement from contributions, receipts, or from the separate bank account required by this chapter;
          (15)(a)(ii) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of value made for political purposes;
          (15)(a)(iii) an express, legally enforceable contract, promise, or agreement to make any purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of value for political purposes;
          (15)(a)(iv) compensation paid by a filing entity for personal services rendered by a person without charge to a reporting entity;
          (15)(a)(v) a transfer of funds between the filing entity and a candidate's personal campaign committee;
          (15)(a)(vi) goods or services provided by the filing entity to or for the benefit of another reporting entity for political purposes at less than fair market value; or
          (15)(a)(vii) an independent expenditure, as defined in Section 20A-11-1702. See Utah Code 20A-11-101
Expenses: includes attorneys' fees. See Utah Code 16-6a-901
Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
Federal office: means the office of president of the United States, United States Senator, or United States Representative. See Utah Code 20A-11-101
Fiduciary: A trustee, executor, or administrator.
Filing entity: means the reporting entity that is required to file a financial statement required by this chapter or Chapter 12, Part 2, Judicial Retention Elections. See Utah Code 20A-11-101
Financial statement: includes any summary report, interim report, verified financial statement, or other statement disclosing contributions, expenditures, receipts, donations, or disbursements that is required by this chapter or Chapter 12, Part 2, Judicial Retention Elections. See Utah Code 20A-11-101
Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
Foreign corporation: means a corporation for profit incorporated under a law other than the laws of this state. See Utah Code 16-6a-102
Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
Fraud: Intentional deception resulting in injury to another.
Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
Governing board: means the individual or group of individuals that determine the candidates and committees that will receive expenditures from a political action committee, political party, or corporation. See Utah Code 20A-11-101
Grantor: The person who establishes a trust and places property into it.
In-kind contribution: means anything of value, other than money, that is accepted by or coordinated with a filing entity. See Utah Code 20A-11-101
Incorporation: means the process established by Title 10, Chapter 2a, Municipal Incorporation, by which a geographical area becomes legally recognized as a city or town. See Utah Code 20A-11-101
Incorporation election: means the election conducted under Section 10-2a-210. See Utah Code 20A-11-101
Incorporation petition: means a petition described in Section 10-2a-208. See Utah Code 20A-11-101
Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
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
Individual: means a natural person. See Utah Code 20A-11-101
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
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}
Interim report: means a report identifying the contributions received and expenditures made since the last report. See Utah Code 20A-11-101
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.
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}
Legislative office: means the office of state senator, state representative, speaker of the House of Representatives, president of the Senate, and the leader, whip, and assistant whip of any party caucus in either house of the Legislature. See Utah Code 20A-11-101
Legislative office candidate: means a person who:
     (27)(a) files a declaration of candidacy for the office of state senator or state representative;
     (27)(b) declares oneself to be a candidate for, or actively campaigns for, the position of speaker of the House of Representatives, president of the Senate, or the leader, whip, and assistant whip of any party caucus in either house of the Legislature; or
     (27)(c) receives contributions, makes expenditures, or gives consent for any other person to receive contributions or make expenditures to bring about the person's nomination, election, or appointment to a legislative office. See Utah Code 20A-11-101
Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
Liability: means the obligation incurred with respect to a proceeding to pay a judgment, settlement, penalty, or fine, including:
(3)(a) an excise tax assessed with respect to an employee benefit plan; or
(3)(b) reasonable expenses. See Utah Code 16-6a-901
Loan: means any of the following provided by a person that benefits a filing entity if the person expects repayment or reimbursement:
     (28)(a) an expenditure made using any form of payment;
     (28)(b) money or funds received by the filing entity;
     (28)(c) the provision of a good or service with an agreement or understanding that payment or reimbursement will be delayed; or
     (28)(d) use of any line of credit. See Utah Code 20A-11-101
Local political subdivision: means a county, a municipality, a special district, or a local school district. 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
Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
Mortgagee: The person to whom property is mortgaged and who has loaned the money.
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
Municipality: means a city or town. See Utah Code 20A-1-102
Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
Nonprofit corporation: includes any domestic or foreign entity that is a predecessor of a nonprofit corporation by reason of a merger or other transaction in which the predecessor's existence ceased upon consummation of the transaction. See Utah Code 16-6a-901
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.
Officeholder: means a person who holds a public office. See Utah Code 20A-11-101
Official capacity: means :
(6)(a)(i) when used with respect to a director, the office of director in a corporation; and
(6)(a)(ii) when used with respect to a person other than a director, as contemplated in Section 16-6a-907, the office in a corporation held by the officer or the employment, fiduciary, or agency relationship undertaken by the person on behalf of the corporation. See Utah Code 16-6a-901
Oversight: Committee review of the activities of a Federal agency or program.
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.
Party: includes an individual who was, is, or is threatened to be made a named defendant or respondent in a proceeding. See Utah Code 16-6a-901
Party committee: means any committee organized by or authorized by the governing board of a registered political party. See Utah Code 20A-11-101
Person: means an:
(40)(a) individual; or
(40)(b) entity. See Utah Code 16-6a-102
Person: means both natural and legal persons, including individuals, business organizations, personal campaign committees, party committees, political action committees, political issues committees, and labor organizations, as defined in Section 20A-11-1501. See Utah Code 20A-11-101
Personal campaign committee: means the committee appointed by a candidate to act for the candidate as provided in this chapter. See Utah Code 20A-11-101
Personal use expenditure: includes :
          (1)(b)(i) a mortgage, rent, utility, or vehicle payment;
          (1)(b)(ii) a household food item or supply;
          (1)(b)(iii) a clothing expense, except:
               (1)(b)(iii)(A) clothing bearing the candidate's name or campaign slogan or logo that is used in the candidate's campaign;
               (1)(b)(iii)(B) clothing bearing the logo or name of a jurisdiction, district, government organization, government entity, caucus, or political party that the officeholder represents or of which the officeholder is a member; or
               (1)(b)(iii)(C) repair or replacement of clothing that is damaged while the candidate or officeholder is engaged in an activity of a candidate or officeholder;
          (1)(b)(iv) an admission to a sporting, artistic, or recreational event or other form of entertainment;
          (1)(b)(v) dues, fees, or gratuities at a country club, health club, or recreational facility;
          (1)(b)(vi) a salary payment made to:
               (1)(b)(vi)(A) a candidate or officeholder; or
               (1)(b)(vi)(B) a person who has not provided a bona fide service to a candidate or officeholder;
          (1)(b)(vii) a vacation;
          (1)(b)(viii) a vehicle expense;
          (1)(b)(ix) a meal expense;
          (1)(b)(x) a travel expense;
          (1)(b)(xi) a payment of an administrative, civil, or criminal penalty;
          (1)(b)(xii) a satisfaction of a personal debt;
          (1)(b)(xiii) a personal service, including the service of an attorney, accountant, physician, or other professional person;
          (1)(b)(xiv) a membership fee for a professional or service organization; and
          (1)(b)(xv) a payment in excess of the fair market value of the item or service purchased. See Utah Code 20A-11-104
Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
Political action committee: includes groups affiliated with a registered political party but not authorized or organized by the governing board of the registered political party that receive contributions or makes expenditures for political purposes. See Utah Code 20A-11-101
Political consultant: includes a circumstance described in Subsection (36)(a), where the person:
          (36)(b)(i) has already been paid, with money or other consideration;
          (36)(b)(ii) expects to be paid in the future, with money or other consideration; or
          (36)(b)(iii) understands that the person may, in the discretion of the reporting entity or another person on behalf of and with the knowledge of the reporting entity, be paid in the future, with money or other consideration. See Utah Code 20A-11-101
Political convention: means a county or state political convention held by a registered political party to select candidates. See Utah Code 20A-11-101
Political entity: means a candidate, a political party, a political action committee, or a political issues committee. See Utah Code 20A-11-101
Political issues committee: means an entity, or any group of individuals or entities within or outside this state, a major purpose of which is to:
          (39)(a)(i) solicit or receive donations from any other person, group, or entity to assist in placing a ballot proposition on the ballot, assist in keeping a ballot proposition off the ballot, or to advocate that a voter refrain from voting or vote for or vote against any ballot proposition;
          (39)(a)(ii) make expenditures to expressly advocate for any person to sign or refuse to sign a ballot proposition or incorporation petition or refrain from voting, vote for, or vote against any proposed ballot proposition or an incorporation in an incorporation election; or
          (39)(a)(iii) make expenditures to assist in qualifying or placing a ballot proposition on the ballot or to assist in keeping a ballot proposition off the ballot. See Utah Code 20A-11-101
Political issues contribution: means any of the following:
          (40)(a)(i) a gift, subscription, unpaid or partially unpaid loan, advance, or deposit of money or anything of value given to a political issues committee;
          (40)(a)(ii) an express, legally enforceable contract, promise, or agreement to make a political issues donation to influence the approval or defeat of any ballot proposition;
          (40)(a)(iii) any transfer of funds received by a political issues committee from a reporting entity;
          (40)(a)(iv) compensation paid by another reporting entity for personal services rendered without charge to a political issues committee; and
          (40)(a)(v) goods or services provided to or for the benefit of a political issues committee at less than fair market value. See Utah Code 20A-11-101
Political issues expenditure: means any of the following when made by a political issues committee or on behalf of a political issues committee by an agent of the reporting entity:
          (41)(a)(i) any payment from political issues contributions made for the purpose of influencing the approval or the defeat of:
               (41)(a)(i)(A) a ballot proposition; or
               (41)(a)(i)(B) an incorporation petition or incorporation election;
          (41)(a)(ii) a purchase, payment, distribution, loan, advance, deposit, or gift of money made for the express purpose of influencing the approval or the defeat of:
               (41)(a)(ii)(A) a ballot proposition; or
               (41)(a)(ii)(B) an incorporation petition or incorporation election;
          (41)(a)(iii) an express, legally enforceable contract, promise, or agreement to make any political issues expenditure;
          (41)(a)(iv) compensation paid by a reporting entity for personal services rendered by a person without charge to a political issues committee; or
          (41)(a)(v) goods or services provided to or for the benefit of another reporting entity at less than fair market value. See Utah Code 20A-11-101
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
Political purposes: means an act done with the intent or in a way to influence or tend to influence, directly or indirectly, any person to refrain from voting or to vote for or against any:
(42)(a) candidate or a person seeking a municipal or county office at any caucus, political convention, or election; or
(42)(b) judge standing for retention at any election. See Utah Code 20A-11-101
political purposes: means an act done with the intent or in a way to influence or tend to influence, directly or indirectly:
(1) any person to refrain from voting or to vote for or against any:
     (1)(a) candidate or a person seeking a municipal or county office at any caucus, political convention, or election;
     (1)(b) judge standing for retention at any election;
     (1)(c) ballot proposition; or
     (1)(d) incorporation election; or
(2) any person to sign, refrain from signing, remove the person's signature from, or refrain from removing the person's signature from, a petition for a ballot proposition or an incorporation petition. See Utah Code 20A-11-701.1
Poll: means the survey of a person regarding the person's opinion or knowledge of an individual who has filed a declaration of candidacy for public office, or of a ballot proposition that has legally qualified for placement on the ballot, which is conducted in person or by telephone, facsimile, Internet, postal mail, or email. See Utah Code 20A-11-101
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
Primary election: means any regular primary election held under the election laws. See Utah Code 20A-11-101
Probable cause: A reasonable ground for belief that the offender violated a specific law.
Proceeding: means any threatened, pending, or completed action, suit, or proceeding, whether civil, criminal, administrative, or investigative and whether formal or informal. See Utah Code 16-6a-901
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 office: means the office of governor, lieutenant governor, state auditor, state treasurer, attorney general, state school board member, state senator, state representative, speaker of the House of Representatives, president of the Senate, and the leader, whip, and assistant whip of any party caucus in either house of the Legislature. See Utah Code 20A-11-101
Public service assistance: means the following when given or provided to an officeholder to defray the costs of functioning in a public office or aid the officeholder to communicate with the officeholder's constituents:
(47)(a)(i) a gift, subscription, donation, unpaid or partially unpaid loan, advance, or deposit of money or anything of value to an officeholder; or
(47)(a)(ii) goods or services provided at less than fair market value to or for the benefit of the officeholder. See Utah Code 20A-11-101
Publicly identified class of individuals: means a group of 50 or more individuals sharing a common occupation, interest, or association that contribute to a political action committee or political issues committee and whose names can be obtained by contacting the political action committee or political issues committee upon whose financial statement the individuals are listed. See Utah Code 20A-11-101
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
Quorum: The number of legislators that must be present to do business.
Receipts: means contributions and public service assistance. See Utah Code 20A-11-101
Registered lobbyist: means a person licensed under Title 36, Chapter 11, Lobbyist Disclosure and Regulation Act. See Utah Code 20A-11-101
Registered political action committee: means any political action committee that is required by this chapter to file a statement of organization with the Office of the Lieutenant Governor. See Utah Code 20A-11-101
Registered political issues committee: means any political issues committee that is required by this chapter to file a statement of organization with the Office of the Lieutenant Governor. See Utah Code 20A-11-101
Registered political party: means an organization of voters that:
(52)(a) participated in the last regular general election and polled a total vote equal to 2% or more of the total votes cast for all candidates for the United States House of Representatives for any of its candidates for any office; or
(52)(b) has complied with the petition and organizing procedures of Chapter 8, Political Party Formation and Procedures. See Utah Code 20A-11-101
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
Remuneration: means a payment:
(53)(a)(i) made to a legislator for the period the Legislature is in session; and
(53)(a)(ii) that is approximately equivalent to an amount a legislator would have earned during the period the Legislature is in session in the legislator's ordinary course of business. See Utah Code 20A-11-101
Reporting entity: means a candidate, a candidate's personal campaign committee, a judge, a judge's personal campaign committee, an officeholder, a party committee, a political action committee, a political issues committee, a corporation, or a labor organization, as defined in Section 20A-11-1501. See Utah Code 20A-11-101
School board office: means the office of state school board. See Utah Code 20A-11-101
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.
Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
Source: means the person or entity that is the legal owner of the tangible or intangible asset that comprises the contribution. See Utah Code 20A-11-101
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 election: means an election held as authorized by Section 20A-1-203. 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
State office: means the offices of governor, lieutenant governor, attorney general, state auditor, and state treasurer. See Utah Code 20A-11-101
State office candidate: means a person who:
(58)(a) files a declaration of candidacy for a state office; or
(58)(b) receives contributions, makes expenditures, or gives consent for any other person to receive contributions or make expenditures to bring about the person's nomination, election, or appointment to a state office. See Utah Code 20A-11-101
Statute: A law passed by a legislature.
Summary report: means the year end report containing the summary of a reporting entity's contributions and expenditures. See Utah Code 20A-11-101
Supervisory board: means the individual or group of individuals that allocate expenditures from a political issues committee. See Utah Code 20A-11-101
Technical college: means an institution of higher education described in Subsection 53B-1-102(1)(b). See Utah Code 53B-1-101.5
Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Trustee: A person or institution holding and administering property in trust.
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
Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:
     (42)(a) on the day on which the 1953 recodification of the Utah Code was enacted; or
     (42)(b)
          (42)(b)(i) after the day described in Subsection (42)(a); and
          (42)(b)(ii) before the most recent amendment to the referenced portion of the 1953 recodification of the Utah Code. 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 member: includes a "shareholder" if the nonprofit corporation has shareholders. See Utah Code 16-6a-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