Utah Code 16-6a-1503. Application for authority to conduct affairs

(1)

A foreign nonprofit corporation may apply for authority to conduct affairs in this state by delivering to the division for filing an application for authority to conduct affairs setting forth:

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Terms Used In Utah Code 16-6a-1503

Address: includes :

(i)	a post office box number;

(ii)	a rural free delivery route number; and

(iii)

a street name and number. See Utah Code 16-6a-102

Assumed corporate name: means a name assumed for use in this state:

(a)

by a:

(i)	foreign corporation pursuant to Section 16-10a-1506; or

(ii)	a foreign nonprofit corporation pursuant to Section 16-6a-1506; and

(b)

because the corporate name of the foreign corporation described in Subsection (4)(a) is not available for use in this state. See Utah Code 16-6a-102

Corporate name: means :

(a)	the name of a domestic corporation as stated in the domestic corporation's articles of incorporation;

(b)	the name of a domestic nonprofit corporation as stated in the domestic nonprofit corporation's articles of incorporation;

(c)

the name of a foreign corporation as stated in the foreign corporation's:

(i)	articles of incorporation; or

(ii)	document of similar import to articles of incorporation; or

(d)

the name of a foreign nonprofit corporation as stated in the foreign nonprofit corporation's:

(i)	articles of incorporation; or

(ii)

document of similar import to articles of incorporation. See Utah Code 16-6a-102

Corporate records: means the records described in Section 16-6a-1601. See Utah Code 16-6a-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.

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

Foreign nonprofit corporation: means an entity:

(a)	incorporated under a law other than the laws of this state; and

(b)

that would be a nonprofit corporation if formed under the laws of this state. See Utah Code 16-6a-102

Principal office: means :

(a)

the office, in or out of this state, designated by a domestic or foreign nonprofit corporation as its principal office in the most recent document on file with the division providing that information, including:

(i)	an annual report;

(ii)	an application for a certificate of authority; or

(iii)

a notice of change of principal office; or

(b)

if no principal office can be determined, a domestic or foreign nonprofit corporation's registered office. See Utah Code 16-6a-102

Registered agent: means the registered agent of:

(a)	a domestic nonprofit corporation; or

(b)

a foreign nonprofit corporation. See Utah Code 16-6a-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

Tribal nonprofit corporation: means a nonprofit corporation:

(a)	incorporated under the law of a tribe; and

(b)	that is at least 51% owned or controlled by the tribe. See Utah Code 16-6a-102
(a)	its corporate name and its assumed corporate name, if any;

(b)	the name of the state or country under whose law it is incorporated;

(c)	its date of incorporation;

(d)	its period of duration;

(e)	the street address of its principal office;

(f)	the information required by Subsection 16-17-203(1);

(g)	the names and usual business addresses of its current directors and officers;

(h)	the date it commenced or expects to commence conducting affairs in this state; and

(i)	the additional information the division determines is necessary or appropriate to determine whether the application for authority to conduct affairs should be filed.

(2)

With the completed application required by Subsection (1) the foreign nonprofit corporation shall deliver to the division for a certificate of existence, or a document of similar import that is:

(a)	authenticated by the division or other official having custody of corporate records in the state or country under whose law it is incorporated; and

(b)	dated within 90 days before the day on which the application for authority to conduct affairs is filed.

(3)	The foreign nonprofit corporation shall include in the application for authority to conduct affairs, or in an accompanying document, written consent to appointment by its designated registered agent.

(4)

(a)	The division may permit a tribal nonprofit corporation to apply for authority to conduct affairs in this state in the same manner as a nonprofit corporation incorporated in another state.

(b)	If a tribal nonprofit corporation elects to apply for authority to conduct affairs in this state, for purposes of this chapter, the tribal nonprofit corporation shall be treated in the same manner as a foreign nonprofit corporation incorporated under the laws of another state.

Amended by Chapter 249, 2008 General Session
Amended by Chapter 364, 2008 General Session

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