25-6-403. Application to series organization.
| (1) |
As used in this section:
Terms Used In Utah Code 25-6-403- Organization: means a person other than an individual. See Utah Code 25-6-102
- Person: means an individual, estate, partnership, limited liability company, association, trust, business or nonprofit entity, public corporation, government or governmental subdivision, agency, instrumentality, or other legal or commercial entity. See Utah Code 25-6-102
- Property: means anything that may be the subject of ownership. See Utah Code 25-6-102
- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium that is retrievable in perceivable form. See Utah Code 25-6-102
| (a) |
“Protected series” means an arrangement, however denominated, created by a series organization that, pursuant to the law under which the series organization is organized, has the characteristics described in Subsection (1)(b). |
| (b) |
“Series organization” means an organization that, pursuant to the law under which it is organized, has the following characteristics:
| (i) |
the organic record of the organization provides for creation by the organization of one or more protected series, however denominated, with respect to specified property of the organization, and for records to be maintained for each protected series that identify the property of or associated with the protected series; |
| (ii) |
debt incurred or existing with respect to the activities of, or property of or associated with, a particular protected series is enforceable against the property of or associated with the protected series only, and not against the property of or associated with the organization or other protected series of the organization; and |
| (iii) |
debt incurred or existing with respect to the activities or property of the organization is enforceable against the property of the organization only, and not against the property of or associated with a protected series of the organization. |
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| (2) |
A series organization and each protected series of the organization is a separate person for purposes of this chapter, even if for other purposes a protected series is not a person separate from the organization or other protected series of the organization. |
Enacted by Chapter 204, 2017 General Session
