Section 117 - Liability for inaccurate information in filed record.

UT Code § 48-1d-117 (2019) (N/A)
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(1) If a record delivered to the division for filing under this chapter and filed by the division contains inaccurate information, a person that suffers loss by reliance on the information may recover damages for the loss from: (a) a person that signed the record, or caused another to sign it on the person's behalf, and knew the information to be inaccurate at the time the record was signed; and (b) a partner, if: (i) the record was delivered for filing on behalf of the partnership; and (ii) the partner had notice of the inaccuracy for a reasonably sufficient time before the information was relied upon so that, before the reliance, the partner reasonably could have: (A) effected an amendment under Subsection 48-1d-1101(6); (B) filed a petition under Section 48-1d-111; or (C) delivered to the division for filing a statement of change under Section 16-17-206 or a statement of correction under Section 48-1d-115.

(a) a person that signed the record, or caused another to sign it on the person's behalf, and knew the information to be inaccurate at the time the record was signed; and

(b) a partner, if: (i) the record was delivered for filing on behalf of the partnership; and (ii) the partner had notice of the inaccuracy for a reasonably sufficient time before the information was relied upon so that, before the reliance, the partner reasonably could have: (A) effected an amendment under Subsection 48-1d-1101(6); (B) filed a petition under Section 48-1d-111; or (C) delivered to the division for filing a statement of change under Section 16-17-206 or a statement of correction under Section 48-1d-115.

(i) the record was delivered for filing on behalf of the partnership; and

(ii) the partner had notice of the inaccuracy for a reasonably sufficient time before the information was relied upon so that, before the reliance, the partner reasonably could have: (A) effected an amendment under Subsection 48-1d-1101(6); (B) filed a petition under Section 48-1d-111; or (C) delivered to the division for filing a statement of change under Section 16-17-206 or a statement of correction under Section 48-1d-115.

(A) effected an amendment under Subsection 48-1d-1101(6);

(B) filed a petition under Section 48-1d-111; or

(C) delivered to the division for filing a statement of change under Section 16-17-206 or a statement of correction under Section 48-1d-115.

(2) An individual who signs a record authorized or required to be filed under this chapter affirms under penalty of perjury that the information stated in the record is accurate.