Except as specifically modified in its authorizing statute, each independent corporation shall have the power to:

(1)  exist as a:

Terms Used In Utah Code 63E-2-106

  • Authorizing statute: means the statute creating an entity as an independent entity. See Utah Code 63E-1-102
  • 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.
  • Independent corporation: means a corporation incorporated in accordance with Chapter 2, Independent Corporations Act. See Utah Code 63E-1-102
  • Statute: A law passed by a legislature.
(a)  public corporation; or

(b)  quasi-public corporation;

(2)  perform its stated public purpose;

(3)  sue and be sued in its own name;

(4)  retain and be represented by legal counsel independent of the attorney general;

(5)  create foundations or subsidiaries;

(6)  act in accordance with all other powers granted in its authorizing statute and by duly issued license or franchise;

(7)  act in all ways as a nonprofit corporation established under Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act, that do not conflict with:

(a)  this title;

(b)  the authorizing statute of the independent corporation; or

(c)  statutes and regulations to which the independent corporation is subject.

Enacted by Chapter 201, 2001 General Session