Utah Code > Title 16 > Chapter 6a > Part 16 – Records, Information, and Reports
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Terms Used In Utah Code > Title 16 > Chapter 6a > Part 16 - Records, Information, and Reports
- 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.
- Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
- 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.
- Assumed corporate name: means a name assumed for use in this state:
(a) by a: (i) foreign corporation pursuant to Section 16-10a-1506; or (ii) a foreign nonprofit corporation pursuant to Section 16-6a-1506; and (b) because the corporate name of the foreign corporation described in Subsection (4)(a) is not available for use in this state. See Utah Code 16-6a-102 - Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Ballot: means the storage medium, including a paper, mechanical, or electronic storage medium, that records an individual voter's vote. See Utah Code 20A-1-102
- Ballot proposition: means a question, issue, or proposal that is submitted to voters on the ballot for their approval or rejection including:
(a) an opinion question specifically authorized by the Legislature; (b) a constitutional amendment; (c) an initiative; (d) a referendum; (e) a bond proposition; (f) a judicial retention question; (g) an incorporation of a city or town; or (h) any other ballot question specifically authorized by the Legislature. See Utah Code 20A-1-102 - Board: means the State Board of Education. See Utah Code 20A-14-101.1
- Board block equivalency file: means the electronic file designated as SB2005S07_BEF. See Utah Code 20A-14-101.1
- board of directors: means the body authorized to manage the affairs of a domestic or foreign nonprofit corporation. See Utah Code 16-6a-102
- Board shapefile: means the electronic shapefile that:Utah Code 20A-14-101.1
- Bylaws: includes :
(i) amended bylaws; and (ii) restated bylaws. See Utah Code 16-6a-102 - Canvass: means the review of election returns and the official declaration of election results by the board of canvassers. See Utah Code 20A-1-102
- 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
- Convention: means the political party convention at which party officers and delegates are selected. See Utah Code 20A-1-102
- 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 - Corporate records: means the records described in Section 16-6a-1601. 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.
- County legislative body: means :Utah Code 68-3-12.5
- Covered voter: means an individual who:
(a) satisfies Utah's voter eligibility requirements that do not relate to residency; (b) is not registered to vote in a state other than Utah; (c) is absent from the United States on the day of the election; and (d) (i) is a resident of Utah under Section 20A-2-105, but is absent from the United States on election day because the individual: (A) is a uniformed service voter; or (B) temporarily resides outside the United States; (iii) is a foreign United States citizen: (A) who has never registered to vote in a state other than Utah; (B) who has never established a principal place of residence in the United States; and (C) whose parent, legal guardian, spouse, or domestic partner established the parent's, legal guardian's, spouse's, or domestic partner's most recent United States principal place of residence in Utah. See Utah Code 20A-16-102 - Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- 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
- Dependent: means an individual recognized as a dependent by a uniformed service. See Utah Code 20A-16-102
- Dependent: A person dependent for support upon another.
- Director: means a member of the board of directors. See Utah Code 16-6a-102
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- 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 Corporations and Commercial Code. 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 - Election: means a regular general election, a municipal general election, a statewide special election, a local special election, a regular primary election, a municipal primary election, and a special district election. See Utah Code 20A-1-102
- Election officer: means :
(a) the lieutenant governor, for all statewide ballots and elections; (b) the county clerk for: (i) a county ballot and election; and (ii) a ballot and election as a provider election officer as provided in Section 20A-5-400. See Utah Code 20A-1-102 - Election official: means any election officer, election judge, or poll worker. See Utah Code 20A-1-102
- 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.
- Federal postcard application: means the application prescribed under the Uniformed and Overseas Citizens Absentee Voting Act, 52 U. See Utah Code 20A-16-102
- Federal write-in absentee ballot: means the ballot described in the Uniformed and Overseas Citizens Absentee Voting Act, 52 U. See Utah Code 20A-16-102
- 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 - Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: includes a person who:Utah Code 68-3-12.5
- 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.
- Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
- 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
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Local special election: means a special election called by the governing body of a local political subdivision in which all registered voters of the local political subdivision may vote. See Utah Code 20A-1-102
- mailing: includes registered or certified mail for which the proper fee is paid. See Utah Code 16-6a-102
- Manual ballot: means a paper document produced by an election officer on which an individual records an individual's vote by directly placing a mark on the paper document using a pen or other marking instrument. See Utah Code 20A-1-102
- Member: includes :
(i) "voting member"; and (ii) a shareholder in a water company. See Utah Code 16-6a-102 - Membership: refers to the rights and obligations of a member or members. See Utah Code 16-6a-102
- Military-overseas ballot: means :
(a) a federal write-in absentee ballot; (b) a ballot specifically prepared or distributed for use by a covered voter in accordance with this chapter; or (c) a ballot cast by a covered voter in accordance with this chapter. See Utah Code 20A-16-102 - money: means :
(i) legal tender; (ii) a negotiable instrument; or (iii) other cash equivalent readily convertible into legal tender. See Utah Code 16-6a-102 - Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
- Municipal general election: means the election held in municipalities and, as applicable, special districts on the first Tuesday after the first Monday in November of each odd-numbered year for the purposes established in Section 20A-1-202. See Utah Code 20A-1-102
- Municipal legislative body: means :
(a) the council of the city or town in any form of municipal government; or (b) the council of a metro township. See Utah Code 20A-1-102 - Municipal primary election: means an election held to nominate candidates for municipal office. See Utah Code 20A-1-102
- Municipality: means a city, town, or metro township. See Utah Code 20A-1-102
- Notice: means the same as that term is defined in Section 16-6a-103. See Utah Code 16-6a-102
- Overseas voter: means a United States citizen who, on the day of the applicable election, is:
(a) voting age; and (b) absent from the United States. See Utah Code 20A-16-102 - Person: means :Utah Code 68-3-12.5
- Person: means an:
(a) individual; or (b) entity. See Utah Code 16-6a-102 - Political party: means an organization of registered voters that has qualified to participate in an election by meeting the requirements of Chapter 8, Political Party Formation and Procedures. See Utah Code 20A-1-102
- Position: means a square, circle, rectangle, or other geometric shape on a ballot in which the voter marks the voter's choice. See Utah Code 20A-1-102
- Principal office: means :
(a) the office, in or out of this state, designated by a domestic or foreign nonprofit corporation as its principal office in the most recent document on file with the division providing that information, including: (i) an annual report; (ii) an application for a certificate of authority; or (iii) a notice of change of principal office; or (b) if no principal office can be determined, a domestic or foreign nonprofit corporation's registered office. 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
- qualified: means to take the oath of office and begin performing the duties of the position for which the individual was elected. See Utah Code 20A-1-102
- 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 - 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 - Regular ballot: means a ballot that is not a provisional ballot. See Utah Code 20A-1-102
- Regular general election: means the election held throughout the state on the first Tuesday after the first Monday in November of each even-numbered year for the purposes established in Section 20A-1-201. See Utah Code 20A-1-102
- Regular primary election: means the election, held on the date specified in Section 20A-1-201. See Utah Code 20A-1-102
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- Resident: means a person who resides within a specific voting precinct in Utah. See Utah Code 20A-1-102
- Road: includes :Utah Code 68-3-12.5
- Shapefile: means the digital vector storage format for storing geometric location and associated attribute information. See Utah Code 20A-14-101.1
- Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
- Special election: means an election held as authorized by Section 20A-1-203. See Utah Code 20A-1-102
- State: means a state of the United States, the District of Columbia, Puerto Rico, Guam, the United States Virgin Islands, or American Samoa. See Utah Code 20A-16-102
- 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
- Statewide special election: means a special election called by the governor or the Legislature in which all registered voters in Utah may vote. See Utah Code 20A-1-102
- Swear: includes "affirm. See Utah Code 68-3-12.5
- trust lands: means those properties granted by the United States in the Utah Enabling Act to the state in trust, and other lands transferred to the trust, which must be managed for the benefit of:
(a) the state's public education system; or (b) the institutions of the state which are designated by the Utah Enabling Act as beneficiaries of trust lands. See Utah Code 53C-1-103 - Uniformed service: means :
(a) active and reserve components of the armed forces as defined in Section 68-3-12. See Utah Code 20A-16-102 - United States: when used in the territorial sense, means the several states, the District of Columbia, Puerto Rico, Guam, the United States Virgin Islands, and American Samoa. See Utah Code 20A-16-102
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
- Vacancy: means :
(a) except as provided in Subsection (75)(b), the absence of an individual to serve in a position created by state constitution or state statute, whether that absence occurs because of death, disability, disqualification, resignation, or other cause ; or (b) in relation to a candidate for a position created by state constitution or state statute, the removal of a candidate due to the candidate's death, resignation, or disqualification. See Utah Code 20A-1-102 - Vote: includes authorization by:
(a) written ballot; and (b) written consent. See Utah Code 16-6a-102 - Voter: means an individual who:
(a) meets the requirements for voting in an election; (b) meets the requirements of election registration; (c) is registered to vote; and (d) is listed in the official register book. See Utah Code 20A-1-102 - voting member: includes a "shareholder" if the nonprofit corporation has shareholders. See Utah Code 16-6a-102
- Voting precinct: means the smallest geographical voting unit, established under 3. See Utah Code 20A-1-102
- Writing: includes :Utah Code 68-3-12.5