(1) As used in this section:

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Terms Used In Utah Code 16-6a-1417

  • 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.
  • Deliver: includes delivery by mail or another means of transmission authorized by Section 16-6a-103, except that delivery to the division means actual receipt by the division. See Utah Code 16-6a-102
  • Division: means the Division of Corporations and Commercial Code. See Utah Code 16-6a-102
  • Notice: means the same as that term is defined in Section 16-6a-103. See Utah Code 16-6a-102
  • Proceeding: includes :
         (42)(a) a civil suit;
         (42)(b) arbitration;
         (42)(c) mediation;
         (42)(d) a criminal action;
         (42)(e) an administrative action; or
         (42)(f) an investigatory action. See Utah Code 16-6a-102
  • Registered agent: means the registered agent of:
         (45)(a) a domestic nonprofit corporation; or
         (45)(b) a foreign nonprofit corporation. See Utah Code 16-6a-102
     (1)(a) “Decree of dissolution” includes an order of a court entered in a proceeding under Section 16-6a-1414 that directs that the affairs of a nonprofit corporation be wound up and liquidated under judicial supervision.
     (1)(b) “Judicial proceeding to dissolve the nonprofit corporation” includes a proceeding brought under Section 16-6a-1414.
(2) If after a hearing the court determines that one or more grounds for judicial dissolution described in Section 16-6a-1414 exist:

     (2)(a) the court may enter a decree:

          (2)(a)(i) dissolving the nonprofit corporation; and
          (2)(a)(ii) specifying the effective date of the dissolution; and
     (2)(b) the clerk of the court shall deliver a certified copy of the decree to the division which shall file it accordingly.
(3) After entering the decree of dissolution, the court shall direct:

     (3)(a) the winding up and liquidation of the nonprofit corporation’s affairs in accordance with Section 16-6a-1405; and
     (3)(b) the giving of notice to:

          (3)(b)(i)

               (3)(b)(i)(A) the nonprofit corporation’s registered agent; or
               (3)(b)(i)(B) the division if it has no registered agent; and
          (3)(b)(ii) to claimants in accordance with Sections 16-6a-1406 and 16-6a-1407.
(4) The court’s order or decision may be appealed as in other civil proceedings.