Sections
Part 1 General Provisions 48-3a-101 – 48-3a-116
Part 2 Formation — Certificate of Organization and Other Filings 48-3a-201 – 48-3a-212
Part 3 Relations of Members and Managers to Persons Dealing with Limited Liability Company 48-3a-301 – 48-3a-304
Part 4 Relations of Members to Each Other and to Limited Liability Company 48-3a-401 – 48-3a-410
Part 5 Transferable Interest and Rights of Transferees and Creditors 48-3a-501 – 48-3a-504
Part 6 Dissociation 48-3a-601 – 48-3a-603
Part 7 Dissolution and Winding up 48-3a-701 – 48-3a-711
Part 8 Action by Members 48-3a-801 – 48-3a-806
Part 9 Foreign Limited Liability Companies 48-3a-901 – 48-3a-912
Part 10 Merger, Interest Exchange, Conversion, and Domestication 48-3a-1001 – 48-3a-1056
Part 11 Professional Services Companies 48-3a-1101 – 48-3a-1112
Part 12 Series Limited Liability Companies 48-3a-1201 – 48-3a-1209
Part 13 Low-Profit Limited Liability Companies 48-3a-1301 – 48-3a-1304
Part 14 Miscellaneous Provisions 48-3a-1401 – 48-3a-1405

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Terms Used In Utah Code > Title 48 > Chapter 3a - Utah Revised Uniform Limited Liability Company Act

  • Abatement action: means action taken to limit, reduce, mitigate, or eliminate:
         (1)(a) a release from a petroleum storage tank; or
         (1)(b) the damage caused by that release. See Utah Code 19-6-402
  • Aboveground petroleum storage tank: means a storage tank that is, by volume, less than 10% buried in the ground, including the pipes connected to the storage tank and:
         (2)(a)
              (2)(a)(i) has attached underground piping; or
              (2)(a)(ii) rests directly on the ground;
         (2)(b) contains regulated substances;
         (2)(c) has the capacity to hold 501 gallons or more; and
         (2)(d) is not:
              (2)(d)(i) used in agricultural operations, as defined by the board by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
              (2)(d)(ii) used for heating oil for consumptive use on the premises where stored;
              (2)(d)(iii) related to a petroleum facility under SIC Code 2911 or 5171 of the 1987 Standard Industrial Classification Manual of the federal Executive Office of the President, Office of Management and Budget;
              (2)(d)(iv) directly related to oil or gas production and gathering operations; or
              (2)(d)(v) used in the fueling of aircraft or ground service equipment at a commercial airport that serves passengers or cargo, with commercial airport defined in Section 72-10-102. See Utah Code 19-6-402
  • Appraisal: A determination of property value.
  • 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
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Bequest: Property gifted by will.
  • Board: means the Waste Management and Radiation Control Board created in Section 19-1-106. See Utah Code 19-6-402
  • Bodily injury: means bodily harm, sickness, disease, or death sustained by a person. See Utah Code 19-6-402
  • Bona fide prospective purchaser: has the meaning given in Utah Code 19-6-302
  • CERCLA: means Utah Code 19-6-302
  • Certificate of organization: means the certificate required by Section 48-3a-201. See Utah Code 48-3a-102
  • Certified petroleum storage tank consultant: means a person who:
              (7)(a)(i) for a fee, or in connection with services for which a fee is charged, provides or contracts to provide information, opinions, or advice relating to underground storage tank release:
                   (7)(a)(i)(A) management;
                   (7)(a)(i)(B) abatement;
                   (7)(a)(i)(C) investigation;
                   (7)(a)(i)(D) corrective action; or
                   (7)(a)(i)(E) evaluation;
              (7)(a)(ii) has submitted an application to the director;
              (7)(a)(iii) received a written statement of certification from the director; and
              (7)(a)(iv) meets the education and experience standards established by the board under Subsection 19-6-403(1)(a)(vii). See Utah Code 19-6-402
  • Cleanup action: means action taken according to the procedures established in this part to prevent, eliminate, minimize, mitigate, or clean up the release of a hazardous material from a facility. See Utah Code 19-6-302
  • 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.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contiguous property owner: means a person who qualifies for the exemption from liability in Utah Code 19-6-302
  • Costs: means money expended for:
         (10)(a) investigation;
         (10)(b) abatement action;
         (10)(c) corrective action;
         (10)(d) judgments, awards, and settlements for bodily injury or property damage to third parties;
         (10)(e) legal and claims adjusting costs incurred by the state in connection with judgments, awards, or settlements for bodily injury or property damage to third parties; or
         (10)(f) costs incurred by the state risk manager in determining the actuarial soundness of the fund. See Utah Code 19-6-402
  • Covered by the fund: means the requirements of Section 19-6-424 have been met. See Utah Code 19-6-402
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Department: means the Department of Environmental Quality. See Utah Code 19-1-103
  • Devise: To gift property by will.
  • Director: means the director of the Division of Environmental Response and Remediation. See Utah Code 19-6-402
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Distribution: means a transfer of money or other property from a limited liability company to a person on account of a transferable interest or in the person's capacity as a member. See Utah Code 48-3a-102
  • Division: means the Division of Corporations and Commercial Code. See Utah Code 48-3a-102
  • Division: means the Division of Environmental Response and Remediation, created in Subsection 19-1-105(1)(c). See Utah Code 19-6-402
  • Dwelling: means a building that is usually occupied by a person lodging there at night. See Utah Code 19-6-402
  • Enforcement action: means the procedures contained in Section 19-6-306 to enforce orders, rules, and agreements authorized by this part. See Utah Code 19-6-302
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • 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
  • Executive director: means the executive director of the department appointed pursuant to Section 19-1-104. See Utah Code 19-1-103
  • Facility: means :
              (7)(a)(i) any building, structure, installation, equipment, pipe, or pipeline, including any pipe into a sewer or publicly owned treatment works, well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock, or aircraft; or
              (7)(a)(ii) any site or area where a hazardous material or substance has been deposited, stored, disposed of, or placed, or otherwise come to be located. See Utah Code 19-6-302
  • Facility: means the petroleum storage tanks located on a single parcel of property or on any property adjacent or contiguous to that parcel. See Utah Code 19-6-402
  • 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.
  • 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.
  • 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 limited liability company: means an unincorporated entity formed under the law of a jurisdiction other than this state, which would be a limited liability company, including a low-profit limited liability company, if formed under the law of this state. See Utah Code 48-3a-102
  • Fund: means the Hazardous Substances Mitigation Fund created by Section 19-6-307. See Utah Code 19-6-302
  • Fund: means the Petroleum Storage Tank Fund created in Section 19-6-409. See Utah Code 19-6-402
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Governing person: means a person, alone or in concert with others, by or under whose authority the powers of the limited liability company are exercised and under whose direction the activities and affairs of the limited liability company are managed pursuant to this chapter and the limited liability company's operating agreement. See Utah Code 48-3a-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
  • Hazardous materials: means hazardous waste as defined in the Utah Hazardous Waste Management Regulations, PCBs, dioxin, asbestos, or a substance regulated under Utah Code 19-6-302
  • Hazardous substances: means the definition of hazardous substances contained in CERCLA. See Utah Code 19-6-302
  • 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
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Innocent landowner: means a person who qualifies for the exemption from liability in Utah Code 19-6-302
  • Inter vivos: Transfer of property from one living person to another living person.
  • 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.
  • Jurisdiction of formation: means , with respect to an entity, the jurisdiction:
         (9)(a) under whose law the entity is formed; or
         (9)(b) in the case of a limited liability partnership or foreign limited liability partnership, in which the partnership's statement of qualification is filed. See Utah Code 48-3a-102
  • 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
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Low-profit limited liability company: means a limited liability company meeting the requirements of Part 13, Low-Profit Limited Liability Companies. See Utah Code 48-3a-102
  • Manager: means a person that under the operating agreement of a manager-managed limited liability company is responsible, alone or in concert with others, for performing the management functions stated in Subsection 48-3a-407(3). See Utah Code 48-3a-102
  • Manager-managed limited liability company: means a limited liability company that qualifies under Subsection 48-3a-407(1). See Utah Code 48-3a-102
  • Member: means a person that:
         (14)(a) has become a member of a limited liability company under Section 48-3a-401 or was a member in a company when the company became subject to this chapter under Section 48-3a-1405; and
         (14)(b) has not dissociated under Section 48-3a-602. See Utah Code 48-3a-102
  • Member-managed limited liability company: means a limited liability company that is not a manager-managed limited liability company. See Utah Code 48-3a-102
  • Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
  • National Contingency Plan: means the National Oil and Hazardous Substance Contingency plan established by CERCLA. See Utah Code 19-6-302
  • National Priority List: means the list established by CERCLA. See Utah Code 19-6-302
  • National priority list site: means a site in Utah that is listed on the National Priority List. See Utah Code 19-6-302
  • 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.
  • Operating agreement: means the agreement, whether or not referred to as an operating agreement and whether oral, implied, in a record, or in any combination thereof, of all the members of a limited liability company, including a sole member, concerning the matters described in Subsection 48-3a-112(1). See Utah Code 48-3a-102
  • Operator: means a person in control of or who is responsible on a daily basis for the maintenance of a petroleum storage tank that is in use for the storage, use, or dispensing of a regulated substance. See Utah Code 19-6-402
  • Organizer: means a person that acts under Section 48-3a-201 to form a limited liability company. See Utah Code 48-3a-102
  • Owner: means :
         (19)(a) in the case of an underground storage tank in use on or after November 8, 1984, a person who owns an underground storage tank used for the storage, use, or dispensing of a regulated substance;
         (19)(b) in the case of an underground storage tank in use before November 8, 1984, but not in use on or after November 8, 1984, a person who owned the tank immediately before the discontinuance of its use for the storage, use, or dispensing of a regulated substance; and
         (19)(c) in the case of an aboveground petroleum storage tank, a person who owns the aboveground petroleum storage tank. See Utah Code 19-6-402
  • 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.
  • 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 individual, business corporation, nonprofit corporation, partnership, limited partnership, limited liability company, limited cooperative association, unincorporated nonprofit association, statutory trust, business trust, common-law business trust, estate, trust, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Utah Code 48-3a-102
  • Petroleum: includes crude oil or a fraction of crude oil that is liquid at:
         (20)(a) 60 degrees Fahrenheit; and
         (20)(b) a pressure of 14. See Utah Code 19-6-402
  • Petroleum storage tank: means a tank that:
         (21)(a) is an underground storage tank;
         (21)(b) is an aboveground petroleum storage tank; or
         (21)(c) is a tank containing regulated substances that is voluntarily submitted for participation in the Petroleum Storage Tank Fund under Section 19-6-415. See Utah Code 19-6-402
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Principal office: means the principal executive office of a limited liability company or foreign limited liability company, whether or not the office is located in this state. See Utah Code 48-3a-102
  • Probate: Proving a will
  • Professional services: means a personal service provided by:
         (1)(a) a public accountant holding a license under Title 58, Chapter 26a, Certified Public Accountant Licensing Act, or a subsequent law regulating the practice of public accounting;
         (1)(b) an architect holding a license under Title 58, Chapter 3a, Architects Licensing Act, or a subsequent law regulating the practice of architecture;
         (1)(c) an attorney granted the authority to practice law by the:
              (1)(c)(i) Utah Supreme Court; or
              (1)(c)(ii) one or more of the following that licenses or regulates the authority to practice law in a state or territory of the United States other than Utah:
                   (1)(c)(ii)(A) a supreme court;
                   (1)(c)(ii)(B) a court other than a supreme court;
                   (1)(c)(ii)(C) an agency;
                   (1)(c)(ii)(D) an instrumentality; or
                   (1)(c)(ii)(E) a regulating board;
         (1)(d) a chiropractor holding a license under Title 58, Chapter 73, Chiropractic Physician Practice Act, or any subsequent law regulating the practice of chiropractics;
         (1)(e) a doctor of dentistry holding a license under Title 58, Chapter 69, Dentist and Dental Hygienist Practice Act, or a subsequent law regulating the practice of dentistry;
         (1)(f) a professional engineer registered under Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act, or a subsequent law regulating the practice of engineers and land surveyors;
         (1)(g) a naturopath holding a license under Title 58, Chapter 71, Naturopathic Physician Practice Act, or a subsequent law regulating the practice of naturopathy;
         (1)(h) a nurse licensed under Title 58, Chapter 31b, Nurse Practice Act, or Title 58, Chapter 44a, Nurse Midwife Practice Act, or a subsequent law regulating the practice of nursing;
         (1)(i) an optometrist holding a license under Title 58, Chapter 16a, Utah Optometry Practice Act, or a subsequent law regulating the practice of optometry;
         (1)(j) an osteopathic physician or surgeon holding a license under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act, or a subsequent law regulating the practice of osteopathy;
         (1)(k) a pharmacist holding a license under Title 58, Chapter 17b, Pharmacy Practice Act, or a subsequent law regulating the practice of pharmacy;
         (1)(l) a physician, surgeon, or doctor of medicine holding a license under Title 58, Chapter 67, Utah Medical Practice Act, or a subsequent law regulating the practice of medicine;
         (1)(m) a physician assistant holding a license under Title 58, Chapter 70a, Utah Physician Assistant Act, or a subsequent law regulating the practice as a physician assistant;
         (1)(n) a physical therapist holding a license under Title 58, Chapter 24b, Physical Therapy Practice Act, or a subsequent law regulating the practice of physical therapy;
         (1)(o) a podiatric physician holding a license under Title 58, Chapter 5a, Podiatric Physician Licensing Act, or a subsequent law regulating the practice of podiatry;
         (1)(p) a psychologist holding a license under Title 58, Chapter 61, Psychologist Licensing Act, or any subsequent law regulating the practice of psychology;
         (1)(q) a principal broker, associate broker, or sales agent holding a license under Title 61, Chapter 2f, Real Estate Licensing and Practices Act, or a subsequent law regulating the sale, exchange, purchase, rental, or leasing of real estate;
         (1)(r) a clinical or certified social worker holding a license under Title 58, Chapter 60, Part 2, Social Worker Licensing Act, or a subsequent law regulating the practice of social work;
         (1)(s) a mental health therapist holding a license under Title 58, Chapter 60, Mental Health Professional Practice Act, or a subsequent law regulating the practice of mental health therapy;
         (1)(t) a veterinarian holding a license under Title 58, Chapter 28, Veterinary Practice Act, or a subsequent law regulating the practice of veterinary medicine; or
         (1)(u) an individual licensed, certified, or registered under Title 61, Chapter 2g, Real Estate Appraiser Licensing and Certification Act, or a subsequent law regulating the practice of appraising real estate. See Utah Code 48-3a-1101
  • Professional services company: means a limited liability company organized in accordance with Part 11, Professional Services Companies. See Utah Code 48-3a-102
  • Program: means the Environmental Assurance Program under Section Utah Code 19-6-402
  • Property: means all property, whether real, personal, or mixed or tangible or intangible, or any right or interest therein. See Utah Code 48-3a-102
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Property damage: means physical injury to, destruction of, or loss of use of tangible property. See Utah Code 19-6-402
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • real property: includes :
         (31)(a) land;
         (31)(b) a tenement;
         (31)(c) a hereditament;
         (31)(d) a water right;
         (31)(e) a possessory right; and
         (31)(f) a claim. See Utah Code 68-3-12.5
  • Registered agent: means an agent of a limited liability company or foreign limited liability company which is authorized to receive service of any process, notice, or demand required or permitted by law to be served on the company. See Utah Code 48-3a-102
  • Registered foreign limited liability company: means a foreign limited liability company that is registered to do business in this state pursuant to a statement of registration filed by the division. See Utah Code 48-3a-102
  • Regulated substance: includes motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents, and used oils. See Utah Code 19-6-402
  • Regulating board: means the entity organized pursuant to state law that licenses and regulates the practice of the profession that a limited liability company is organized to provide. See Utah Code 48-3a-1101
  • Release: includes abandoning or discarding barrels, containers, and other closed receptacles containing any hazardous material or substance, unless the discard or abandonment is authorized under state or federal law, rule, or regulation. See Utah Code 19-6-302
  • Release: means spilling, leaking, emitting, discharging, escaping, leaching, or disposing a regulated substance from a petroleum storage tank into ground water, surface water, or subsurface soils. See Utah Code 19-6-402
  • Remedial action: means action taken consistent with the substantive requirements of CERCLA according to the procedures established by this part to prevent, eliminate, minimize, mitigate, or clean up the release of a hazardous substance from a facility on the hazardous substances priority list. See Utah Code 19-6-302
  • Remedial action plan: means a plan for remedial action consistent with the substantive requirements of CERCLA and approved by the executive director. See Utah Code 19-6-302
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Responsible party: means :
              (21)(a)(i) the owner or operator of a facility;
              (21)(a)(ii) any person who, at the time any hazardous substance or material was disposed of at the facility, owned or operated the facility;
              (21)(a)(iii) any person who arranged for disposal or treatment, or arranged with a transporter for transport, for disposal, or treatment of hazardous materials or substances owned or possessed by the person, at any facility owned or operated by another person and containing the hazardous materials or substances; or
              (21)(a)(iv) any person who accepts or accepted any hazardous materials or substances for transport to a facility selected by that person from which there is a release that causes the incurrence of response costs. See Utah Code 19-6-302
  • Responsible party: is a s defined in Subsections (27)(a)(i), (ii), and (iii) does not include:
              (27)(b)(i) a person who is not an operator and, without participating in the management of a facility and otherwise not engaged in petroleum production, refining, and marketing, holds indicia of ownership:
                   (27)(b)(i)(A) primarily to protect the person's security interest in the facility; or
                   (27)(b)(i)(B) as a fiduciary or custodian under Title 75, Utah Uniform Probate Code, or under an employee benefit plan; or
              (27)(b)(ii) governmental ownership or control of property by involuntary transfers as provided in CERCLA Section 101(20)(D), Utah Code 19-6-402
  • Rests directly on the ground: means that at least some portion of a petroleum storage tank situated aboveground is in direct contact with soil. See Utah Code 19-6-402
  • right of contribution: means property or a benefit described in Section 48-3a-402, which is provided by a person to a limited liability company to become a member or in the person's capacity as a member. See Utah Code 48-3a-102
  • Scored site: means a facility in Utah that meets the requirements of scoring established by the National Contingency Plan for placement on the National Priority List. See Utah Code 19-6-302
  • Series: means a series created in accordance with Part 12, Series Limited Liability Companies. See Utah Code 48-3a-102
  • 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.
  • Sign: means , with present intent to authenticate or adopt a record:
         (26)(a) to execute or adopt a tangible symbol; or
         (26)(b) to attach to or logically associate with the record an electronic symbol, sound, or process. See Utah Code 48-3a-102
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Utah Code 48-3a-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.
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Transfer: includes :
         (28)(a) an assignment;
         (28)(b) a conveyance;
         (28)(c) a sale;
         (28)(d) a lease;
         (28)(e) an encumbrance, including a mortgage or security interest;
         (28)(f) a gift; and
         (28)(g) a transfer by operation of law. See Utah Code 48-3a-102
  • Transferable interest: means the right, as initially owned by a person in the person's capacity as a member, to receive distributions from a limited liability company in accordance with the operating agreement, whether or not the person remains a member or continues to own any part of the right. See Utah Code 48-3a-102
  • Transferee: means a person to which all or part of a transferable interest has been transferred, whether or not the transferor is a member. See Utah Code 48-3a-102
  • Tribal limited liability company: means a limited liability company that is:
         (31)(a) formed under the law of a tribe; and
         (31)(b) at least 51% owned or controlled by the tribe under whose law the limited liability company is formed. See Utah Code 48-3a-102
  • Tribe: means a tribe, band, nation, pueblo, or other organized group or community of Indians, including an Alaska Native village that is legally recognized as eligible for and is consistent with a special program, service, or entitlement provided by the United States to Indians because of their status as Indians. See Utah Code 48-3a-102
  • Trustee: A person or institution holding and administering property in trust.
  • Underground piping: means piping that is buried in the ground that is in direct contact with soil and connected to an aboveground petroleum storage tank. See Utah Code 19-6-402
  • Underground storage tank: means a tank regulated under Subtitle I, Resource Conservation and Recovery Act, Utah Code 19-6-402
  • Underground storage tank installation company: means a person, firm, partnership, corporation, governmental entity, association, or other organization that installs underground storage tanks. See Utah Code 19-6-402
  • 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