Superseded 7/1/2024)

48-3a-204.  Signing and filing pursuant to judicial order.

(1)  If a person required by this chapter to sign a record or deliver a record to the division for filing under this chapter does not do so, any other person that is aggrieved may petition the district court to order:

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Terms Used In Utah Code 48-3a-204

  • Division: means the Division of Corporations and Commercial Code. See Utah Code 48-3a-102
  • Foreign limited liability company: means an unincorporated entity formed under the law of a jurisdiction other than this state, which would be a limited liability company, including a low-profit limited liability company, if formed under the law of this state. See Utah Code 48-3a-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 48-3a-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 48-3a-102
(a)  the person to sign the record;

(b)  the person to deliver the record to the division for filing; or

(c)  the division to file the record unsigned.

(2)  If a petitioner under Subsection (1) is not the limited liability company or foreign limited liability company to which the record pertains, the petitioner shall make the limited liability company or foreign limited liability company a party to the action.

(3)  A record filed under Subsection (1)(c) is effective without being signed.

Enacted by Chapter 412, 2013 General Session