Utah Code > Title 16 > Chapter 6a > Part 7 – Member Meetings and Voting
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Terms Used In Utah Code > Title 16 > Chapter 6a > Part 7 - Member Meetings and Voting
- Account: means the Environmental Voluntary Cleanup restricted account created under Section 19-8-103. See Utah Code 19-8-102
- 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 - Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
- Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
- Agreement: means a voluntary cleanup agreement under this chapter. See Utah Code 19-8-102
- 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.
- 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.
- Applicant: means the person:
(a) who submits an application to participate in a voluntary cleanup agreement under this chapter; or (b) who enters into a voluntary cleanup agreement made under this chapter with the executive director. See Utah Code 19-8-102 - 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 - Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- 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
- Completion: means , regarding property covered by an agreement:
(a) no further response actions are necessary; or (b) the applicant is satisfactorily maintaining the engineering controls, remediation systems, postclosure care, and institutional controls to the extent required pursuant to the voluntary cleanup agreement. See Utah Code 19-8-102 - Contaminant: means :
(a) hazardous materials as defined in Section 19-6-302; (b) hazardous substance as defined in Section 19-6-302; (c) hazardous waste as defined in Section 19-6-102; (d) hazardous waste constituent listed in 40 C. See Utah Code 19-8-102 - 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.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- 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 a member of the board of directors. See Utah Code 16-6a-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 - 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 - Environmental assessment: means the assessment described in Section 19-8-107. See Utah Code 19-8-102
- 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 Utah Department of Environmental Quality or the executive director's representative. See Utah Code 19-8-102
- Executive director: means the executive director of the state Department of Environment Quality or the executive director's designated representative. See Utah Code 19-10-102
- Fiduciary: A trustee, executor, or administrator.
- Fraud: Intentional deception resulting in injury to another.
- institutional control: means , with respect to real property, any deed restriction, restrictive covenant, easement, reservation, environmental notice, engineering control, or other restriction or obligation that is designed to protect human health or the environment and:
(a) is established in connection with a cleanup or risk assessment that is reviewed, overseen, conducted, or administered by the department; and (b) (i) limits the use of the real property, groundwater, or surface water; (ii) limits activities that may be performed on or at the property; or (iii) requires maintenance of any engineering or other control. See Utah Code 19-10-102 - Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
- 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
- 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
- Notice: means the same as that term is defined in Section 16-6a-103. See Utah Code 16-6a-102
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Oversight: Committee review of the activities of a Federal agency or program.
- 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 - 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 - Program: means the Voluntary Environmental Cleanup Program created under this chapter. See Utah Code 19-8-102
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Quorum: The number of legislators that must be present to do business.
- real property: includes :Utah Code 68-3-12.5
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- 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
- 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.
- Response action: means the cleanup or removal of a contaminant from the environment. See Utah Code 19-8-102
- 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 - Share: means a unit of interest in 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
- Trustee: A person or institution holding and administering property in trust.
- 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
- Writing: includes :Utah Code 68-3-12.5