48-2e-205.  Filing requirements.

(1)  To be filed by the division pursuant to this chapter, a record must be received by the division, comply with this chapter, and satisfy the following:

Terms Used In Utah Code 48-2e-205

  • Division: means the Division of Corporations and Commercial Code. See Utah Code 48-2e-102
  • Person: means an individual, business corporation, nonprofit corporation, partnership, limited partnership, limited liability company, limited cooperative association, unincorporated nonprofit association, statutory trust, business trust, common-law business trust, estate, trust, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Utah Code 48-2e-102
  • Sign: means , with present intent to authenticate or adopt a record:
(a) to execute or adopt a tangible symbol; or
(b) to attach to or logically associate with the record an electronic symbol, sound, or process. See Utah Code 48-2e-102
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Utah Code 48-2e-102
  • (a)  The filing of the record must be required or permitted by this chapter.

    (b)  The record must be physically delivered in written form unless and to the extent the division permits electronic delivery of records.

    (c)  The record must be typewritten or computer generated.

    (d)  The words in the record must be in English, and numbers must be in Arabic or Roman numerals, but the name of an entity need not be in English if written in English letters or Arabic or Roman numerals.

    (e)  The record must be signed by a person authorized under this chapter to sign the record.

    (f)  The record must state the name and capacity, if any, of each individual who signed it, either on behalf of the individual or the person authorized or required to sign the record, but need not contain a seal, attestation, acknowledgment, or verification.

    (2)  If law other than this chapter prohibits the disclosure by the division of information contained in a record delivered to the division for filing, the division shall accept the record if the record otherwise complies with this chapter but the division may redact the information.

    (3)  When a record is delivered to the division for filing, any fee required under this chapter and any fee, tax, interest, or penalty required to be paid under this chapter, or law other than this chapter, must be paid in a manner permitted by the division or by that law.

    (4)  The division may require that a record delivered in written form be accompanied by an identical or conformed copy.

    Amended by Chapter 227, 2015 General Session