§ 48-4-301 Standard of conduct for members
§ 48-4-302 Standard of conduct for managers and officers
§ 48-4-303 Right of action

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Terms Used In Utah Code > Title 48 > Chapter 4 > Part 3 - Accountability

  • 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
  • Benefit company: means a limited liability company:
         (1)(a) that elects to become subject to this chapter; and
         (1)(b) the status of which as a benefit company has not been terminated. See Utah Code 48-4-103
  • Benefit enforcement proceeding: means a proceeding in a court of competent jurisdiction for:
         (2)(a) failure of a benefit company to pursue or create general public benefit or a specific public benefit described in the benefit company's certificate of organization; or
         (2)(b) a violation of an obligation, duty, or standard of conduct under this chapter. See Utah Code 48-4-103
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • General public benefit: means a material positive impact on society and the environment:
         (3)(a) taken as a whole;
         (3)(b) assessed against a third-party standard; and
         (3)(c) from the business of a benefit company. See Utah Code 48-4-103
  • 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
  • Specific public benefit: includes :
         (8)(a) providing low-income or underserved individuals or communities with beneficial products or services;
         (8)(b) promoting economic opportunity for individuals or communities beyond the creation of jobs in the normal course of business;
         (8)(c) protecting or restoring the environment;
         (8)(d) improving human health;
         (8)(e) promoting the arts, sciences, or advancement of knowledge;
         (8)(f) increasing the flow of capital to entities with a purpose to benefit society or the environment; and
         (8)(g) conferring any other particular benefit on society or the environment. See Utah Code 48-4-103
  • Subsidiary: means , in relation to a person, an entity in which the person owns beneficially or of record, 50% or more of the outstanding equity interests, calculated as if all outstanding rights to acquire equity interests in the entity have been exercised. See Utah Code 48-4-103