48-4-102.  Application and effect of chapter.

(1)  This chapter applies to a benefit company organized under this chapter.

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Terms Used In Utah Code 48-4-102

  • Benefit company: means a limited liability company:
(a) that elects to become subject to this chapter; and
(b) the status of which as a benefit company has not been terminated. See Utah Code 48-4-103
  • Statute: A law passed by a legislature.
  • (2) 

    (a)  The existence of a provision in this chapter does not itself create an implication that a contrary or different rule of law is applicable to a limited liability company that is not a benefit company.

    (b)  This chapter does not affect a statute or rule of law that is applicable to a limited liability company that is not a benefit company.

    (3) 

    (a)  Except as otherwise provided in this chapter, Title 48, Chapter 3a, Utah Revised Uniform Limited Liability Company Act, applies to a benefit company.

    (b)  The provisions of this chapter control over any inconsistent provision of Title 48, Chapter 3a, Utah Revised Uniform Limited Liability Company Act.

    (4)  The operating agreement of a benefit company may not limit, be inconsistent with, or supersede a provision of this chapter.

    Amended by Chapter 136, 2019 General Session