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Terms Used In Utah Code 16-6a-1609
Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
board of directors: means the body authorized to manage the affairs of a domestic or foreign nonprofit corporation. See Utah Code 16-6a-102
Class: means a group of memberships that has the same right with respect to voting, dissolution, redemption, transfer, or other characteristics. See Utah Code 16-6a-102
Conviction: A judgement of guilt against a criminal defendant.
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
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
Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
mailing: includes registered or certified mail for which the proper fee is paid. See Utah Code 16-6a-102
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 office: means the office within this state designated by a domestic or foreign nonprofit corporation as its registered office in the most recent document on file with the division providing that information, including:
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
The division may give interrogatories reasonably necessary to ascertain whether a nonprofit corporation has complied with the provisions of this chapter applicable to the nonprofit corporation to:
(i)
any domestic or foreign nonprofit corporation subject to the provisions of this chapter; and
(ii)
to any officer or director of a nonprofit corporation described in Subsection (1)(a)(i).
(b)
The interrogatories described in this Subsection (1) shall be answered within:
(i)
30 days after the mailing of the interrogatories; or
(ii)
additional time as fixed by the division.
(c)
The answers to the interrogatories shall be:
(i)
full and complete; and
(ii)
made in writing.
(d)
(i)
If the interrogatories are directed to an individual, the interrogatories shall be answered by the individual.
(ii)
If directed to a nonprofit corporation, the interrogatories shall be answered by:
(A)
the chair of the board of directors of the nonprofit corporation;
(B)
all of the nonprofit corporation’s directors;
(C)
one of the nonprofit corporation’s officers; or
(D)
any other person authorized to answer the interrogatories as the nonprofit corporation’s agent.
(e)
(i)
The division need not file any document to which the interrogatories relate until the interrogatories are answered as provided in this section.
(ii)
Notwithstanding Subsection (1)(e)(i), the division need not file a document to which the interrogatory relates if the answers to the interrogatory disclose that the document is not in conformity with the provisions of this chapter.
(f)
The division shall certify to the attorney general, for such action as the attorney general considers appropriate, all interrogatories and answers to interrogatories that disclose a violation of this chapter.
(2)
(a)
Interrogatories given by the division under Subsection (1), and the answers to interrogatories, may not be open to public inspection.
(b)
The division may not disclose any facts or information obtained from the interrogatories or answers to the interrogatories, except:
(i)
as the official duties of the division may require the facts or information to be made public; or
(ii)
in the event the interrogatories or the answers to the interrogatories are required for evidence in any criminal proceedings or in any other action by this state.
(3)
Each domestic or foreign nonprofit corporation that knowingly fails or refuses to answer truthfully and fully, within the time prescribed by Subsection (1), interrogatories given to the domestic or foreign nonprofit corporation by the division in accordance with Subsection (1) is guilty of a class C misdemeanor and, upon conviction, shall be punished by a fine of not more than $500.
(4)
Each officer and director of a domestic or foreign nonprofit corporation who knowingly fails or refuses to answer truthfully and fully, within the time prescribed by Subsection (1), interrogatories given to the officer or director by the division in accordance with Subsection (1) is guilty of a class B misdemeanor and, upon conviction, shall be punished by a fine of not more than $1,000.
(5)
The attorney general may enforce this section in an action brought in:
(a)
the district court of the county in this state where the nonprofit corporation’s principal office or registered office is located; or
(b)
if the nonprofit corporation has no principal or registered office in this state, in the district court in and for Salt Lake County.
