Utah Code > Title 16 > Chapter 10a > Part 12 – Sale of Property
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Other versions
§ 16-10a-1201 | Sale or mortgage of property without shareholder approval |
§ 16-10a-1202 | Sale of property requiring shareholder approval |
Terms Used In Utah Code > Title 16 > Chapter 10a > Part 12 - Sale of Property
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Articles of incorporation: include :
(a) amended and restated articles of incorporation; (b) articles of merger; and (c) a document of a similar import to those described in Subsections (4)(a) and (b). See Utah Code 16-10a-102 - Bylaws: includes amended bylaws and restated bylaws. See Utah Code 16-10a-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.
- Distribution: means the following by a corporation to or for the benefit of its shareholders in respect of any of the corporation's shares:
(i) a direct or indirect transfer of money or other property, other than a corporation's own shares; or (ii) incurrence of indebtedness by the corporation. See Utah Code 16-10a-102 - Entity: includes :
(a) a domestic and foreign corporation; (b) a nonprofit corporation; (c) a limited liability company; (d) a profit or nonprofit unincorporated association; (e) a business trust; (f) an estate; (g) a partnership; (h) a trust; (i) two or more persons having a joint or common economic interest; (j) a state; (k) the United States; and (l) a foreign government. See Utah Code 16-10a-102 - Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Notice: is a s provided in Section 16-10a-103. See Utah Code 16-10a-102
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
- Shareholder: means :
(i) the person in whose name a share is registered in the records of a corporation; or (ii) the beneficial owner of a share to the extent recognized pursuant to Section 16-10a-723. See Utah Code 16-10a-102 - Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
- Voting group: means all shares of one or more classes or series that under the articles of incorporation or this chapter are entitled to vote and be counted together collectively on a matter at a meeting of shareholders. See Utah Code 16-10a-102