Section 312 - Affidavit and posting of notice -- Evidence.

UT Code § 16-4-312 (2019) (N/A)
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(1) An affidavit made by the secretary of a corporation of the mailing of a notice required by this chapter is prima facie evidence of the existence and mailing of the notice.

(2) The publication of a notice under this chapter may be proved by the affidavit of: (a) the printer foreman or principal clerk of the newspaper in which the notice was published; and (b) in accordance with Section 45-1-101, the website publisher or website publisher's designee charged with publishing the notice as required in Section 45-1-101.

(a) the printer foreman or principal clerk of the newspaper in which the notice was published; and

(b) in accordance with Section 45-1-101, the website publisher or website publisher's designee charged with publishing the notice as required in Section 45-1-101.

(3) The affidavit of the secretary of the corporation or the auctioneer responsible for selling shares is prima facie evidence of: (a) the time and place of sale; (b) the quantity and particular description of the shares sold; (c) to whom and for what price the shares were sold; and (d) the fact of the purchase money being paid.

(a) the time and place of sale;

(b) the quantity and particular description of the shares sold;

(c) to whom and for what price the shares were sold; and

(d) the fact of the purchase money being paid.

(4) The affidavits referenced in this section shall be filed in the corporation's office.

(5) A copy of an affidavit referenced in this section is prima facie evidence of the facts contained in the affidavit if the affidavit is certified by the secretary.