Utah Code > Title 16 > Chapter 6a > Part 1 – General Provisions
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Terms Used In Utah Code > Title 16 > Chapter 6a > Part 1 - General Provisions
- Address: includes :
(i) a post office box number; (ii) a rural free delivery route number; and (iii) a street name and number. See Utah Code 16-6a-102 - Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Articles of incorporation: include :
(a) amended articles of incorporation; (b) restated articles of incorporation; (c) articles of merger; and (d) a document of a similar import to the documents described in Subsections (3)(a) through (c). See Utah Code 16-6a-102 - Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Board: means the Water Quality Board created in Section 19-1-106. See Utah Code 19-5-102
- board of directors: means the body authorized to manage the affairs of a domestic or foreign nonprofit corporation. See Utah Code 16-6a-102
- Bylaws: includes :
(i) amended bylaws; and (ii) restated bylaws. See Utah Code 16-6a-102 - City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
- Class: means a group of memberships that has the same right with respect to voting, dissolution, redemption, transfer, or other characteristics. See Utah Code 16-6a-102
- Commission: means the Conservation Commission, created in Section 4-18-104. See Utah Code 19-5-102
- Conviction: A judgement of guilt against a criminal defendant.
- Corporate name: means :
(a) the name of a domestic corporation as stated in the domestic corporation's articles of incorporation; (b) the name of a domestic nonprofit corporation as stated in the domestic nonprofit corporation's articles of incorporation; (c) the name of a foreign corporation as stated in the foreign corporation's: (i) articles of incorporation; or (ii) document of similar import to articles of incorporation; or (d) the name of a foreign nonprofit corporation as stated in the foreign nonprofit corporation's: (i) articles of incorporation; or (ii) document of similar import to articles of incorporation. See Utah Code 16-6a-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.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Delegate: means a person elected or appointed to vote in a representative assembly:
(a) for the election of a director; or (b) on matters other than the election of a director. See Utah Code 16-6a-102 - Deliver: includes delivery by mail or another means of transmission authorized by Section 16-6a-103, except that delivery to the division means actual receipt by the division. See Utah Code 16-6a-102
- Director: means the director of the Division of Water Quality or, for purposes of groundwater quality at a facility licensed by and under the jurisdiction of the Division of Waste Management and Radiation Control, the director of the Division of Waste Management and Radiation Control. See Utah Code 19-5-102
- Director: means a member of the board of directors. See Utah Code 16-6a-102
- Discharge: means the addition of a pollutant to waters of the state. See Utah Code 19-5-102
- Discharge permit: means a permit issued to a person who:
(a) discharges or whose activities would probably result in a discharge of pollutants into the waters of the state; or (b) generates or manages sewage sludge. See Utah Code 19-5-102 - Disposal system: means a system for disposing of wastes and includes sewerage systems and treatment works. See Utah Code 19-5-102
- Distribution: means the payment of a dividend or any part of the income or profit of a nonprofit corporation to the nonprofit corporation's:
(i) members; (ii) directors; or (iii) officers. See Utah Code 16-6a-102 - Division: means the Division of Water Quality, created in Subsection 19-1-105(1)(e). See Utah Code 19-5-102
- Division: means the Division of Corporations and Commercial Code. See Utah Code 16-6a-102
- domestic corporation: means a corporation for profit that:
(a) is not a foreign corporation; and (b) is incorporated under or subject to Chapter 10a, Utah Revised Business Corporation Act. See Utah Code 16-6a-102 - domestic nonprofit corporation: means an entity that:
(a) is not a foreign nonprofit corporation; and (b) is incorporated under or subject to this chapter. See Utah Code 16-6a-102 - Effluent limitations: means restrictions, requirements, or prohibitions, including schedules of compliance established under this chapter, that apply to discharges. See Utah Code 19-5-102
- Employee: includes an officer of a nonprofit corporation. See Utah Code 16-6a-102
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- Entity: includes :
(a) a domestic or foreign corporation; (b) a domestic or foreign 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; or (l) a foreign government. See Utah Code 16-6a-102 - Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Executive director: means the executive director of the department appointed pursuant to Section 19-1-104. See Utah Code 19-1-103
- Executive director: means the executive director of the Department of Commerce. See Utah Code 16-6a-102
- Fiduciary: A trustee, executor, or administrator.
- Foreign corporation: means a corporation for profit incorporated under a law other than the laws of this state. See Utah Code 16-6a-102
- Foreign nonprofit corporation: means an entity:
(a) incorporated under a law other than the laws of this state; and (b) that would be a nonprofit corporation if formed under the laws of this state. See Utah Code 16-6a-102 - Governmental entity: means :
(a) (i) the executive branch of the state; (ii) the judicial branch of the state; (iii) the legislative branch of the state; (iv) an independent entity, as defined in Section 63E-1-102; (v) a political subdivision of the state; (vi) a state institution of higher education, as defined in Section 53B-3-102; (vii) an entity within the state system of public education; or (viii) the National Guard; or (b) any of the following that is established or controlled by a governmental entity listed in Subsection (28)(a) to carry out the public's business: (i) an office; (ii) a division; (iii) an agency; (iv) a board; (v) a bureau; (vi) a committee; (vii) a department; (viii) an advisory board; (ix) an administrative unit; or (x) a commission. See Utah Code 16-6a-102 - Governmental subdivision: means :
(a) a county; (b) a city; (c) a town; or (d) another type of governmental subdivision authorized by the laws of this state. See Utah Code 16-6a-102 - Individual: means :
(a) a natural person; (b) the estate of an incompetent individual; or (c) the estate of a deceased individual. See Utah Code 16-6a-102 - Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Internal Revenue Code: means the federal "Internal Revenue Code of 1986" as amended from time to time, or to corresponding provisions of subsequent internal revenue laws of the United States of America. See Utah Code 16-6a-102
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Land: includes :Utah Code 68-3-12.5
- Legal tender: coins, dollar bills, or other currency issued by a government as official money. Source: U.S. Mint
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Local health department: means a local health department as defined in 1. See Utah Code 19-1-103
- Member: includes :
(i) "voting member"; and (ii) a shareholder in a water company. See Utah Code 16-6a-102 - Mutual benefit corporation: means a nonprofit corporation:
(a) that issues shares of stock to its members evidencing a right to receive distribution of water or otherwise representing property rights; or (b) all of whose assets are contributed or acquired by or for the members of the nonprofit corporation or their predecessors in interest to serve the mutual purposes of the members. See Utah Code 16-6a-102 - Notice: means the same as that term is defined in Section 16-6a-103. See Utah Code 16-6a-102
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: means an individual, trust, firm, estate, company, corporation, partnership, association, state, state or federal agency or entity, municipality, commission, or political subdivision of a state. See Utah Code 19-1-103
- Person: means an:
(a) individual; or (b) entity. See Utah Code 16-6a-102 - pollutant: means dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste discharged into water. See Utah Code 19-5-102
- Pollution: means a man-made or man-induced alteration of the chemical, physical, biological, or radiological integrity of waters of the state, unless the alteration is necessary for the public health and safety. See Utah Code 19-5-102
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Principal office: means :
(b) if no principal office can be determined, a domestic or foreign nonprofit corporation's registered office. See Utah Code 16-6a-102 - Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Proceeding: includes :
(a) a civil suit; (b) arbitration; (c) mediation; (d) a criminal action; (e) an administrative action; or (f) an investigatory action. See Utah Code 16-6a-102 - Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- Publicly owned treatment works: means a facility for the treatment of pollutants owned by the state, its political subdivisions, or other public entity. See Utah Code 19-5-102
- Receive: when used in reference to receipt of a writing or other document by a domestic or foreign nonprofit corporation, means the writing or other document is actually received:
(a) by the domestic or foreign nonprofit corporation at: (i) its registered office in this state; or (ii) its principal office; (b) by the secretary of the domestic or foreign nonprofit corporation, wherever the secretary is found; or (c) by another person authorized by the bylaws or the board of directors to receive the writing or other document, wherever that person is found. See Utah Code 16-6a-102 - Record date: means the date established under 6, or 7, on which a nonprofit corporation determines the identity of the nonprofit corporation's members. See Utah Code 16-6a-102
- Registered agent: means the registered agent of:
(a) a domestic nonprofit corporation; or (b) a foreign nonprofit corporation. See Utah Code 16-6a-102 - Registered office: means the office within this state designated by a domestic or foreign nonprofit corporation as its registered office in the most recent document on file with the division providing that information, including:
(a) articles of incorporation; (b) an application for a certificate of authority; or (c) a notice of change of registered office. See Utah Code 16-6a-102 - Secretary: means the corporate officer to whom the bylaws or the board of directors delegates responsibility under Subsection 16-6a-818(3) for:
(a) the preparation and maintenance of: (i) minutes of the meetings of: (A) the board of directors; or (B) the members; and (ii) the other records and information required to be kept by the nonprofit corporation pursuant to Section 16-6a-1601; and (b) authenticating records of the nonprofit corporation. See Utah Code 16-6a-102 - Service of process: The service of writs or summonses to the appropriate party.
- Sewage sludge: means solid, semisolid, or liquid residue removed during the treatment of municipal wastewater or domestic sewage. See Utah Code 19-5-102
- Share: means a unit of interest in a nonprofit corporation. See Utah Code 16-6a-102
- Shareholder: means a person in whose name a share is registered in the records of a nonprofit corporation. See Utah Code 16-6a-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
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Statute: A law passed by a legislature.
- Total maximum daily load: means a calculation of the maximum amount of a pollutant that a body of water can receive and still meet water quality standards. See Utah Code 19-5-102
- Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
- Treatment works: means a plant, disposal field, lagoon, dam, pumping station, incinerator, or other works used for the purpose of treating, stabilizing, or holding wastes. See Utah Code 19-5-102
- Tribe: means a tribe, band, nation, pueblo, or other organized group or community of Indians, including an Alaska Native village, that is legally recognized as eligible for and is consistent with a special program, service, or entitlement provided by the United States to Indians because of their status as Indians. See Utah Code 16-6a-102
- Trustee: A person or institution holding and administering property in trust.
- Underground injection: means the subsurface emplacement of fluids by well injection. See Utah Code 19-5-102
- Underground wastewater disposal system: means a system for underground disposal of domestic wastewater discharges as defined by the board and the executive director. See Utah Code 19-5-102
- United States: includes a district, authority, office, bureau, commission, department, and another agency of the United States of America. See Utah Code 16-6a-102
- Vote: includes authorization by:
(a) written ballot; and (b) written consent. See Utah Code 16-6a-102 - Voting group: means all the members of one or more classes of members or directors that, under this chapter, the articles of incorporation, or the bylaws, are entitled to vote and be counted together collectively on a matter. See Utah Code 16-6a-102
- voting member: includes a "shareholder" if the nonprofit corporation has shareholders. See Utah Code 16-6a-102
- Water company: means :
(a) the same as that term is defined in Subsection 16-4-102(5); or (b) a mutual benefit corporation, when the stock in the mutual benefit corporation represents a right to receive a distribution of water for beneficial use. See Utah Code 16-6a-102 - Writing: includes :Utah Code 68-3-12.5