(1)  A domestic or foreign nonprofit corporation may correct a document filed with the division if the document:

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Terms Used In Utah Code 16-6a-109

  • 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 16-6a-102
  • Person: means an:
(a) individual; or
(b) entity. See Utah Code 16-6a-102
(a)  contains an incorrect statement; or

(b)  was defectively executed, attested, sealed, verified, or acknowledged.

(2)  A document is corrected by delivering to the division for filing articles of correction that:

(a) 

(i)  describe the document, including its filing date; or

(ii)  have attached a copy of the document;

(b)  specify:

(i) 

(A)  the incorrect statement; and

(B)  the reason it is incorrect; or

(ii)  the manner in which the execution, attestation, sealing, verification, or acknowledgment was defective; and

(c)  correct:

(i)  the incorrect statement; or

(ii)  defective execution, attestation, sealing, verification, or acknowledgment.

(3)  Articles of correction may be executed by any person:

(a)  designated in Subsection 16-6a-105(6); or

(b)  who executed the document that is corrected.

(4) 

(a)  Articles of correction are effective on the effective date of the document they correct except as to a person:

(i)  relying on the uncorrected document; and

(ii)  adversely affected by the correction.

(b)  As to a person described in Subsection (4)(a), the articles of correction are effective when filed.

Enacted by Chapter 300, 2000 General Session