Utah Code 16-6a-1701. Application to existing domestic nonprofit corporations — Reports of domestic and foreign nonprofit corporation

16-6a-1701. Application to existing domestic nonprofit corporations — Reports of domestic and foreign nonprofit corporation.

(1)

Except as otherwise provided in Section 16-6a-1704, this chapter applies to domestic nonprofit corporations as follows:

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Terms Used In Utah Code 16-6a-1701

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
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

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

Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.

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

Statute: A law passed by a legislature.

(a)

domestic nonprofit corporations in existence on April 30, 2001, that were incorporated under any general statute of this state providing for incorporation of nonprofit corporations, including all nonprofit corporations organized under any former provisions of Title 16, Chapter 6;

(b)	mutual irrigation, canal, ditch, reservoir, and water companies and water users’ associations organized and existing under the laws of this state on April 30, 2001;

(c)	corporations organized under the provisions of Title 16, Chapter 7, Corporations Sole, for purposes of applying all provisions relating to merger or consolidation; and

(d)	to actions taken by the directors, officers, and members of the entities described in Subsections (1)(a), (b), and (c) after April 30, 2001.

(2)

Domestic nonprofit corporations to which this chapter applies, that are organized and existing under the laws of this state on April 30, 2001:

(a)	shall continue in existence with all the rights and privileges applicable to nonprofit corporations organized under this chapter; and

(b)	from April 30, 2001, shall have all the rights and privileges and shall be subject to all the remedies, restrictions, liabilities, and duties prescribed in this chapter except as otherwise specifically provided in this chapter.

(3)

Every existing domestic nonprofit corporation and foreign nonprofit corporation qualified to conduct affairs in this state on April 30, 2001, shall file an annual report with the division setting forth the information prescribed by Section 16-6a-1607. The annual report shall be filed at such time as would have been required had this chapter not taken effect and shall be filed annually thereafter as required in Section 16-6a-1607.

Amended by Chapter 258, 2015 General Session

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