Section 109 - Correcting filed documents.

UT Code § 16-6a-109 (2019) (N/A)
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(1) A domestic or foreign nonprofit corporation may correct a document filed with the division if the document: (a) contains an incorrect statement; or (b) was defectively executed, attested, sealed, verified, or acknowledged.

(a) contains an incorrect statement; or

(b) was defectively executed, attested, sealed, verified, or acknowledged.

(2) A document is corrected by delivering to the division for filing articles of correction that: (a) (i) describe the document, including its filing date; or (ii) have attached a copy of the document; (b) specify: (i) (A) the incorrect statement; and (B) the reason it is incorrect; or (ii) the manner in which the execution, attestation, sealing, verification, or acknowledgment was defective; and (c) correct: (i) the incorrect statement; or (ii) defective execution, attestation, sealing, verification, or acknowledgment.

(a) (i) describe the document, including its filing date; or (ii) have attached a copy of the document;

(i) describe the document, including its filing date; or

(ii) have attached a copy of the document;

(b) specify: (i) (A) the incorrect statement; and (B) the reason it is incorrect; or (ii) the manner in which the execution, attestation, sealing, verification, or acknowledgment was defective; and

(i) (A) the incorrect statement; and (B) the reason it is incorrect; or

(A) the incorrect statement; and

(B) the reason it is incorrect; or

(ii) the manner in which the execution, attestation, sealing, verification, or acknowledgment was defective; and

(c) correct: (i) the incorrect statement; or (ii) defective execution, attestation, sealing, verification, or acknowledgment.

(i) the incorrect statement; or

(ii) defective execution, attestation, sealing, verification, or acknowledgment.

(3) Articles of correction may be executed by any person: (a) designated in Subsection 16-6a-105(6); or (b) who executed the document that is corrected.

(a) designated in Subsection 16-6a-105(6); or

(b) who executed the document that is corrected.

(4) (a) Articles of correction are effective on the effective date of the document they correct except as to a person: (i) relying on the uncorrected document; and (ii) adversely affected by the correction. (b) As to a person described in Subsection (4)(a), the articles of correction are effective when filed.

(a) Articles of correction are effective on the effective date of the document they correct except as to a person: (i) relying on the uncorrected document; and (ii) adversely affected by the correction.

(i) relying on the uncorrected document; and

(ii) adversely affected by the correction.

(b) As to a person described in Subsection (4)(a), the articles of correction are effective when filed.