(1)  Each domestic nonprofit corporation, and each foreign nonprofit corporation authorized to conduct affairs in this state, shall deliver to the division for filing an annual report on a form provided by the division that sets forth:

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Terms Used In Utah Code 16-6a-1607

  • 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
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • 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
  • 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
  • domestic nonprofit corporation: means an entity that:
    (a) is not a foreign nonprofit corporation; and
    (b) is incorporated under or subject to this chapter. See Utah Code 16-6a-102
  • 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.
  • 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
  • Individual: means :
    (a) a natural person;
    (b) the estate of an incompetent individual; or
    (c) the estate of a deceased individual. See Utah Code 16-6a-102
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Notice: means the same as that term is defined in Section 16-6a-103. 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
  • 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
  • Writing: includes :Utah Code 68-3-12.5
  • (a) 

    (i)  the corporate name of the domestic or foreign nonprofit corporation; and

    (ii)  any assumed corporate name of the foreign nonprofit corporation;

    (b)  the jurisdiction under whose law it is incorporated;

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

    (d)  the street address of its principal office, wherever located; and

    (e)  the names and addresses of its directors and principal officers.
  • (2)  The division shall deliver a copy of the prescribed form of annual report to each domestic nonprofit corporation and each foreign nonprofit corporation authorized to conduct affairs in this state.

    (3)  Information in the annual report shall be current as of the date the annual report is executed on behalf of the nonprofit corporation.

    (4) 

    (a)  The annual report of a domestic or foreign nonprofit corporation shall be delivered annually to the division no later than 60 days past the date the report was mailed by the division.

    (b)  Proof to the satisfaction of the division that the nonprofit corporation has mailed an annual report form is considered in compliance with this Subsection (4).

    (5) 

    (a)  If an annual report contains the information required by this section, the division shall file it.

    (b)  If an annual report does not contain the information required by this section, the division shall promptly notify the reporting domestic or foreign nonprofit corporation in writing and return the annual report to it for correction.

    (c)  If an annual report that is rejected under Subsection (5)(b) was otherwise timely filed and is corrected to contain the information required by this section and delivered to the division within 30 days after the effective date of the notice of rejection, the annual report is considered to be timely filed.

    (6)  The fact that an individual‘s name is signed on an annual report form is prima facie evidence for division purposes that the individual is authorized to certify the report on behalf of the nonprofit corporation.

    (7)  The annual report form provided by the division may be designed to provide a simplified certification by the nonprofit corporation if no changes have been made in the required information from the last preceding report filed.

    (8)  A domestic or foreign nonprofit corporation may, but may not be required to, deliver to the division for filing an amendment to its annual report reflecting any change in the information contained in its annual report as last amended.

    Amended by Chapter 364, 2008 General Session