§ 48-2e-1101 Definitions
§ 48-2e-1102 Relationship of part to other laws
§ 48-2e-1103 Required notice or approval
§ 48-2e-1104 Status of filings
§ 48-2e-1105 Nonexclusivity
§ 48-2e-1106 Reference to external facts
§ 48-2e-1107 Alternative means of approval of transactions
§ 48-2e-1108 Appraisal rights
§ 48-2e-1121 Merger authorized
§ 48-2e-1122 Plan of merger
§ 48-2e-1123 Approval of merger
§ 48-2e-1124 Amendment or abandonment of plan of merger
§ 48-2e-1125 Statement of merger
§ 48-2e-1126 Effect of merger
§ 48-2e-1131 Interest exchange authorized
§ 48-2e-1132 Plan of interest exchange
§ 48-2e-1133 Approval of interest exchange
§ 48-2e-1134 Amendment or abandonment of plan of interest exchange
§ 48-2e-1135 Statement of interest exchange
§ 48-2e-1136 Effect of interest exchange
§ 48-2e-1141 Conversion authorized
§ 48-2e-1142 Plan of conversion
§ 48-2e-1143 Approval of conversion
§ 48-2e-1144 Amendment or abandonment of plan of conversion
§ 48-2e-1145 Statement of conversion
§ 48-2e-1146 Effect of conversion
§ 48-2e-1151 Domestication authorized
§ 48-2e-1152 Plan of domestication
§ 48-2e-1153 Approval of domestication
§ 48-2e-1154 Amendment or abandonment of plan of domestication
§ 48-2e-1155 Statement of domestication
§ 48-2e-1156 Effect of domestication

Terms Used In Utah Code > Title 48 > Chapter 2e > Part 11

  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • 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.
  • Applicant: means :
    (i) the person filing an application for registration of a mark under this chapter; and
    (ii) a legal representative, successor, or assign of a person described in Subsection (1)(b)(i). See Utah Code 70-3a-103
  • Appraisal: A determination of property value.
  • Armed forces: means the United States Army, Navy, Air Force, Marine Corps, and Coast Guard. See Utah Code 68-3-12.5
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the 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.
  • 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
  • Bequest: Property gifted by will.
  • Buyer: means a person who buys or contracts to buy goods. See Utah Code 70A-2-103
  • Certificate of limited partnership: means the certificate required by Section 48-2e-201. See Utah Code 48-2e-102
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Contract for sale: includes both a present sale of goods and a contract to sell goods at a future time. See Utah Code 70A-2-106
  • 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.
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • County executive: means :Utah Code 68-3-12.5
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Devise: To gift property by will.
  • Dilution: means the lessening of the capacity of a famous mark to identify and distinguish goods or services, regardless of the presence or absence of:
    (i) competition between the owner of the famous mark and another person; or
    (ii) the likelihood of:
    (A) confusion;
    (B) mistake; or
    (C) deception. See Utah Code 70-3a-103
  • Division: means the Division of Corporations and Commercial Code. See Utah Code 48-2e-102
  • Division: means the Division of Corporations and Commercial Code within the Department of Commerce. See Utah Code 70-3a-103
  • 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.
  • Executor: includes "administrator" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Foreign limited partnership: means an unincorporated entity formed under the law of a jurisdiction other than this state which would be a limited partnership if formed under the law of this state. See Utah Code 48-2e-102
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • General partner: means a person that:
    (a) has become a general partner under Section 48-2e-401 or was a general partner in a limited partnership when the limited partnership became subject to this chapter under Section 48-2e-1205; and
    (b) has not dissociated as a general partner under Section 48-2e-603. See Utah Code 48-2e-102
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Guardian: includes a person who:Utah Code 68-3-12.5
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • 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.
  • Jurisdiction of formation: means , with respect to an entity, the jurisdiction:
    (a) under whose law the entity is formed; or
    (b) in the case of a limited liability partnership or foreign limited liability partnership, in which the partnership's statement of qualification is filed. See Utah Code 48-2e-102
  • Land: includes :Utah Code 68-3-12.5
  • 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
  • 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.
  • Limited partner: means a person that:
    (a) has become a limited partner under Section 48-2e-301 or was a limited partner in a limited partnership when the limited partnership became subject to this chapter under Section 48-2e-1205; and
    (b) has not dissociated under Section 48-2e-601. See Utah Code 48-2e-102
  • Limited partnership: means an entity formed under this chapter or which becomes subject to this chapter under Part 11, Merger, Interest Exchange, Conversion, and Domestication, or Section 48-2e-1205. See Utah Code 48-2e-102
  • Lodging establishment: means the same as that term is defined in Section 29-2-102. See Utah Code 69-5-102
  • Mark: means any trademark or service mark entitled to registration under this chapter whether or not the trademark or service mark is registered. See Utah Code 70-3a-103
  • Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Multi-line telephone system: means a network- or premises-based telephone system installed at an end-use location that uses common control units, common telephones, and common control hardware and software to provide a connection to the public switched network to multiple end-users at the end-use location. See Utah Code 69-5-102
  • Oath: includes "affirmation. See Utah Code 68-3-12.5
  • 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.
  • Partner: means a limited partner or general partner. See Utah Code 48-2e-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.
  • Partnership agreement: means the agreement, whether or not referred to as a partnership agreement, and whether oral, implied, in a record, or in any combination thereof, of all the partners of a limited partnership concerning the matters described in Subsection 48-2e-112(1). See Utah Code 48-2e-102
  • Person: means an individual, business corporation, nonprofit corporation, partnership, limited partnership, limited liability company, limited cooperative association, unincorporated nonprofit association, statutory trust, business trust, common-law business trust, estate, trust, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Utah Code 48-2e-102
  • Person: means :Utah Code 68-3-12.5
  • Personal property: includes :Utah Code 68-3-12.5
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • 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
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • present sale: means a sale which is accomplished by the making of the contract. See Utah Code 70A-2-106
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Property: means all property, whether real, personal, or mixed or tangible or intangible, or any right or interest therein. See Utah Code 48-2e-102
  • 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.
  • Registered foreign limited partnership: means a foreign limited partnership that is registered to do business in this state pursuant to a statement of registration filed by the division. See Utah Code 48-2e-102
  • Registrant: means :
    (i) the person to whom the registration of a mark under this chapter is issued; and
    (ii) a legal representative, successor, or assign of a person described in Subsection (1)(f)(i). See Utah Code 70-3a-103
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Road: includes :Utah Code 68-3-12.5
  • Seller: means a person who sells or contracts to sell goods. See Utah Code 70A-2-103
  • service mark: means :
    (A) a word, term, name, symbol, design, or device; or
    (B) any combination of words, terms, names, symbols, designs, or devices. See Utah Code 70-3a-103
  • Service of process: The service of writs or summonses to the appropriate party.
  • 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: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Utah Code 48-2e-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
  • Statute: A law passed by a legislature.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Trade name: means any name used by a person to identify a business or vocation of that person. See Utah Code 70-3a-103
  • trademark: means :
    (A) a word, term, name, symbol, design, or device; or
    (B) any combination of words, terms, names, symbols, designs, or devices. See Utah Code 70-3a-103
  • Transfer: includes :
    (a) an assignment;
    (b) a conveyance;
    (c) a sale;
    (d) a lease;
    (e) an encumbrance, including a mortgage or security interest;
    (f) a gift; and
    (g) a transfer by operation of law. See Utah Code 48-2e-102
  • Trustee: A person or institution holding and administering property in trust.
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Use: means the bona fide use of a mark in the ordinary course of trade, and not made merely to reserve a right in a mark. See Utah Code 70-3a-103
  • Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:Utah Code 68-3-12.5
  • Writ: means an order or precept in writing, issued in the name of:Utah Code 68-3-12.5
  • Writing: includes :Utah Code 68-3-12.5
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