Effective 7/1/2024
16-10a-126. Petition for review of division‘s refusal to file document.
| (1) |
Terms Used In Utah Code 16-10a-126 v2- 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.
- Division: means the Division of Corporations and Commercial Code. See Utah Code 16-10a-102
- Foreign corporation: means a corporation for profit incorporated under a law other than the law of this state. See Utah Code 16-10a-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.
- Notice: is a s provided in Section 16-10a-103. See Utah Code 16-10a-102
| (a) |
If the division refuses to file a document delivered to the division for filing, the domestic or foreign corporation for which the filing was requested, or the corporation’s representative, may petition a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, to compel the filing of the document. |
| (b) |
A domestic or foreign corporation, or the corporation’s representative, shall file a petition under Subsection (1)(a) within 30 days after the day on which the division gives notice of the refusal under Subsection 16-10a-125(3). |
| (c) |
The petition under Subsection (1)(a) shall include a copy of the document and the division’s notice of refusal. |
|
| (2) |
If a petition is filed under Subsection (1), the court may summarily order the division to file the document or take other action the court considers appropriate. |
| (3) |
The court’s final decision is appealable as in any other civil proceedings. |
Amended by Chapter 401, 2023 General Session
