Effective 7/1/2024

16-10a-1532.  Appeal from revocation.

(1)  If the division revokes a foreign corporation‘s authority to transact business in this state, the foreign corporation may petition a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, to set aside the revocation.

Terms Used In Utah Code 16-10a-1532 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
  • 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
(2)  A foreign corporation shall file a petition under Subsection (1) within 30 days after the day on which the division gives notice of the revocation under Section 16-10a-1531.

(3)  The petition under Subsection (1) shall include a copy of the foreign corporation’s application for authority to transact business, any amended applications for authority to transact business, and the division’s notice of revocation.

(4)  If a petition is filed under Subsection (1), the court may summarily order the division to reinstate the authority of the foreign corporation to transact business in this state or the court may take any other action the court considers appropriate.

(5)  The court’s final decision is appealable as in other civil proceedings.

Amended by Chapter 401, 2023 General Session