| (1) |
An affidavit made by the secretary of a corporation of the mailing of a notice required by this chapter is prima facie evidence of the existence and mailing of the notice. |
Terms Used In Utah Code 16-4-312
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Corporation: means a nonprofit corporation or a profit corporation. See Utah Code 16-4-102
- 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.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
| (2) |
The publication of a notice under this chapter may be proved by the affidavit of:
| (a) |
the printer foreman or principal clerk of the newspaper in which the notice was published; and |
| (b) |
in accordance with Section 45-1-101, the website publisher or website publisher’s designee charged with publishing the notice as required in Section 45-1-101. |
|
| (3) |
The affidavit of the secretary of the corporation or the auctioneer responsible for selling shares is prima facie evidence of:
| (a) |
the time and place of sale; |
| (b) |
the quantity and particular description of the shares sold; |
| (c) |
to whom and for what price the shares were sold; and |
| (d) |
the fact of the purchase money being paid. |
|
| (4) |
The affidavits referenced in this section shall be filed in the corporation’s office. |
| (5) |
A copy of an affidavit referenced in this section is prima facie evidence of the facts contained in the affidavit if the affidavit is certified by the secretary. |
Amended by Chapter 388, 2009 General Session
