reglab/housing_qa huggingface dataset:
UT Code § 16-16-1209 (2021)
2021 Utah Code|Title 16 - Corporations|Chapter 16 - Uniform Limited Cooperative Association Act|Part 12 - Dissolution|Section 1209 - Other claims against dissolved limited cooperative association.

16-16-1209. Other claims against dissolved limited cooperative association.    (1) A dissolved limited cooperative association may publish notice of its dissolution and request persons having claims against the association to present them in accordance with the notice.     (2) A notice under Subsection (1) shall:   (a) be published:   (i) at least once in a newspaper of general circulation in the county in which the dissolved limited cooperative association's principal office is located or, if the association does not have a principal office in this state, in the county in which the association's designated office is or was last located; and     (ii) as required in Section 45-1-101;       (b) describe the information required to be contained in a claim and provide an address to which the claim is to be sent; and     (c) state that a claim against the association is barred unless an action to enforce the claim is commenced not later than three years after publication of the notice.       (3) If a dissolved limited cooperative association publishes a notice in accordance with Subsection (2), the claim of each of the following claimants is barred unless the claimant commences an action to enforce the claim not later than three years after the first publication date of the notice:   (a) a claimant that is entitled to but did not receive notice in a record under Section 16-16-1208; and     (b) a claimant whose claim is contingent or based on an event occurring after the effective date of dissolution.       (4) A claim not barred under this section may be enforced:   (a) against a dissolved limited cooperative association, to the extent of its undistributed assets; or     (b) if the association's assets have been distributed in connection with winding up the association's activities against a member or holder of financial rights to the extent of that person's proportionate share of the claim or the association's assets distributed to the person in connection with the winding up, whichever is less. The person's total liability for all claims under this Subsection (4) may not exceed the total amount of assets distributed to the person as part of the winding up of the association.      Amended by Chapter 378, 2010 General Session
UT Code § 16-16-1210 (2021)
2021 Utah Code|Title 16 - Corporations|Chapter 16 - Uniform Limited Cooperative Association Act|Part 12 - Dissolution|Section 1210 - Court proceeding.

16-16-1210. Court proceeding.    (1) Upon application by a dissolved limited cooperative association that has published a notice under Section 16-16-1209, the district court in the county where the association's principal office is located or, if the association does not have a principal office in this state where its designated office in this state is located, may determine the amount and form of security to be provided for payment of claims against the association that are contingent, have not been made known to the association, or are based on an event occurring after the effective date of dissolution but that, based on the facts known to the association, are reasonably anticipated to arise after the effective date of dissolution.     (2) Not later than 10 days after filing an application under Subsection (1), a dissolved limited cooperative association shall give notice of the proceeding to each known claimant holding a contingent claim.     (3) The court may appoint a representative in a proceeding brought under this section to represent all claimants whose identities are unknown. The dissolved limited cooperative association shall pay reasonable fees and expenses of the representative, including all reasonable attorney and expert witness fees.     (4) Provision by the dissolved limited cooperative association for security in the amount and the form ordered by the court satisfies the association's obligations with respect to claims that are contingent, have not been made known to the association, or are based on an event occurring after the effective date of dissolution, and the claims may not be enforced against a member that received a distribution.    Enacted by Chapter 363, 2008 General Session
UT Code § 16-16-1211 (2021)
2021 Utah Code|Title 16 - Corporations|Chapter 16 - Uniform Limited Cooperative Association Act|Part 12 - Dissolution|Section 1211 - Administrative dissolution.

16-16-1211. Administrative dissolution.    (1) The division may dissolve a limited cooperative association administratively if the association does not:   (a) pay, not later than 60 days after the due date, any fee, tax, or penalty due to the division under this chapter or other law; or     (b) deliver not later than 60 days after the due date its annual report to the division.       (2) If the division determines that a ground exists for dissolving a limited cooperative association administratively, the division shall file a record of the determination and serve the association with a copy of the record.     (3) If, not later than 60 days after service of a copy of the division's determination under Subsection (2), the association does not correct each ground for dissolution or demonstrate to the satisfaction of the division that each uncorrected ground determined by the division does not exist, the division shall dissolve the association administratively by preparing and filing a declaration of dissolution which states the grounds for dissolution. The division shall serve the association with a copy of the declaration.     (4) A limited cooperative association that has been dissolved administratively continues its existence only for purposes of winding up its activities.     (5) The administrative dissolution of a limited cooperative association does not terminate the authority of its agent for service of process.    Enacted by Chapter 363, 2008 General Session
UT Code § 16-16-1212 (2021)
2021 Utah Code|Title 16 - Corporations|Chapter 16 - Uniform Limited Cooperative Association Act|Part 12 - Dissolution|Section 1212 - Reinstatement following administrative dissolution.

16-16-1212. Reinstatement following administrative dissolution.    (1) A limited cooperative association that has been dissolved administratively may apply to the division for reinstatement not later than two years after the effective date of dissolution. The application shall be delivered to the division for filing and state:   (a) the name of the association and the effective date of its administrative dissolution;     (b) that the grounds for dissolution either did not exist or have been eliminated; and     (c) that the association's name satisfies the requirements of Section 16-16-111.       (2) If the division determines that an application contains the information required by Subsection (1) and that the information is correct, the division shall:   (a) prepare a declaration of reinstatement;     (b) file the original of the declaration; and     (c) serve a copy of the declaration on the association.       (3) When reinstatement under this section becomes effective, it relates back to and takes effect as of the effective date of the administrative dissolution, and the limited cooperative association may resume or continue its activities as if the administrative dissolution had not occurred.    Amended by Chapter 378, 2010 General Session
UT Code § 16-16-1213 (2021)
2021 Utah Code|Title 16 - Corporations|Chapter 16 - Uniform Limited Cooperative Association Act|Part 12 - Dissolution|Section 1213 - Denial of reinstatement -- Appeal.

16-16-1213. Denial of reinstatement -- Appeal.    (1) If the division denies a limited cooperative association's application for reinstatement following administrative dissolution, the division shall prepare and file a notice that explains the reason for denial and serve the association with a copy of the notice.     (2) Not later than 30 days after service of a notice of denial of reinstatement by the division, a limited cooperative association may appeal the denial by petitioning the district court to set aside the dissolution. The petition shall be served on the division and contain a copy of the division's declaration of dissolution, the association's application for reinstatement, and the division's notice of denial.     (3) The court may summarily order the division to reinstate the dissolved cooperative association or may take other action the court considers appropriate.    Amended by Chapter 378, 2010 General Session
UT Code § 16-16-1214 (2021)
2021 Utah Code|Title 16 - Corporations|Chapter 16 - Uniform Limited Cooperative Association Act|Part 12 - Dissolution|Section 1214 - Statement of dissolution.

16-16-1214. Statement of dissolution.    (1) A limited cooperative association that has dissolved or is about to dissolve may deliver to the division for filing a statement of dissolution that states:   (a) the name of the association;     (b) the date the association dissolved or will dissolve; and     (c) any other information the association considers relevant.       (2) A person has notice of a limited cooperative association's dissolution on the later of:   (a) 90 days after a statement of dissolution is filed; or     (b) the effective date stated in the statement of dissolution.      Enacted by Chapter 363, 2008 General Session
UT Code § 16-16-1215 (2021)
2021 Utah Code|Title 16 - Corporations|Chapter 16 - Uniform Limited Cooperative Association Act|Part 12 - Dissolution|Section 1215 - Statement of termination.

16-16-1215. Statement of termination.    (1) A dissolved limited cooperative association that has completed winding up may deliver to the division for filing a statement of termination that states:   (a) the name of the association;     (b) the date of filing of its initial articles of organization; and     (c) that the association is terminated.       (2) The filing of a statement of termination does not itself terminate the limited cooperative association.    Enacted by Chapter 363, 2008 General Session
UT Code § 16-16-1301 (2021)
2021 Utah Code|Title 16 - Corporations|Chapter 16 - Uniform Limited Cooperative Association Act|Part 13 - Action by Member|Section 1301 - Derivative action.

16-16-1301. Derivative action.  A member may maintain a derivative action to enforce a right of a limited cooperative association if:  (1) the member demands that the association bring an action to enforce the right; and     (2) any of the following occur:   (a) the association does not, not later than 90 days after the member makes the demand, agree to bring the action;     (b) the association notifies the member that it has rejected the demand;     (c) irreparable harm to the association would result by waiting 90 days after the member makes the demand; or     (d) the association agrees to bring an action demanded and fails to bring the action within a reasonable time.      Enacted by Chapter 363, 2008 General Session
UT Code § 16-16-1302 (2021)
2021 Utah Code|Title 16 - Corporations|Chapter 16 - Uniform Limited Cooperative Association Act|Part 13 - Action by Member|Section 1302 - Proper plaintiff.

16-16-1302. Proper plaintiff.    (1) A derivative action to enforce a right of a limited cooperative association may be maintained only by a person that:   (a) is a member or a dissociated member at the time the action is commenced and:   (i) was a member when the conduct giving rise to the action occurred; or     (ii) whose status as a member devolved upon the person by operation of law or the organic rules from a person that was a member at the time of the conduct; and       (b) adequately represents the interests of the association.       (2) If the sole plaintiff in a derivative action dies while the action is pending, the court may permit another member who meets the requirements of Subsection (1) to be substituted as plaintiff.    Enacted by Chapter 363, 2008 General Session
UT Code § 16-16-1303 (2021)
2021 Utah Code|Title 16 - Corporations|Chapter 16 - Uniform Limited Cooperative Association Act|Part 13 - Action by Member|Section 1303 - Pleading.

16-16-1303. Pleading.  In a derivative action to enforce a right of a limited cooperative association, the complaint shall state:  (1) the date and content of the plaintiff's demand under Subsection 16-16-1301(1) and the association's response;     (2) if 90 days have not expired since the demand, how irreparable harm to the association would result by waiting for the expiration of 90 days; and     (3) if the association agreed to bring an action demanded, that the action has not been brought within a reasonable time.    Amended by Chapter 378, 2010 General Session
UT Code § 16-16-1304 (2021)
2021 Utah Code|Title 16 - Corporations|Chapter 16 - Uniform Limited Cooperative Association Act|Part 13 - Action by Member|Section 1304 - Approval for discontinuance or settlement.

16-16-1304. Approval for discontinuance or settlement.  A derivative action to enforce a right of a limited cooperative association may not be discontinued or settled without the court's approval.  Enacted by Chapter 363, 2008 General Session
UT Code § 16-16-1305 (2021)
2021 Utah Code|Title 16 - Corporations|Chapter 16 - Uniform Limited Cooperative Association Act|Part 13 - Action by Member|Section 1305 - Proceeds and expenses.

16-16-1305. Proceeds and expenses.    (1) Except as otherwise provided in Subsection (2):   (a) any proceeds or other benefits of a derivative action to enforce a right of a limited cooperative association, whether by judgment, compromise, or settlement, belong to the association and not to the plaintiff; and     (b) if the plaintiff in the derivative action receives any proceeds, the plaintiff shall immediately remit them to the association.       (2) If a derivative action to enforce a right of a limited cooperative association is successful in whole or in part, the court may award the plaintiff reasonable expenses, including reasonable attorney fees and costs, from the recovery of the association.    Enacted by Chapter 363, 2008 General Session
UT Code § 16-16-1401 (2021)
2021 Utah Code|Title 16 - Corporations|Chapter 16 - Uniform Limited Cooperative Association Act|Part 14 - Foreign Cooperatives|Section 1401 - Governing law.

16-16-1401. Governing law.    (1) The law of the state or other jurisdiction under which a foreign cooperative is organized governs relations among the members of the foreign cooperative and between the members and the foreign cooperative.     (2) A foreign cooperative may not be denied a certificate of authority because of any difference between the law of the jurisdiction under which the foreign cooperative is organized and the law of this state.     (3) A certificate of authority does not authorize a foreign cooperative to engage in any activity or exercise any power that a limited cooperative association may not engage in or exercise in this state.    Enacted by Chapter 363, 2008 General Session
UT Code § 16-16-1402 (2021)
2021 Utah Code|Title 16 - Corporations|Chapter 16 - Uniform Limited Cooperative Association Act|Part 14 - Foreign Cooperatives|Section 1402 - Application for certificate of authority.

 Effective 5/8/2018  16-16-1402. Application for certificate of authority.    (1) A foreign cooperative may apply for a certificate of authority by delivering an application to the division for filing. The application shall state:   (a) the name of the foreign cooperative and, if the name does not comply with Section 16-16-111, an alternative name adopted pursuant to Section 16-16-1405;     (b) the name of the state or other jurisdiction under whose law the foreign cooperative is organized;     (c) the street address and, if different, mailing address of the principal office and, if the law of the jurisdiction under which the foreign cooperative is organized requires the foreign cooperative to maintain another office in that jurisdiction, the street address and, if different, mailing address of the required office;     (d) the street address and, if different, mailing address of the foreign cooperative's designated office in this state, and the name of the foreign cooperative's agent for service of process at the designated office; and     (e) the name, street address and, if different, mailing address of each of the foreign cooperative's current directors and officers.       (2) A foreign cooperative shall deliver with a completed application under Subsection (1) a certificate of existence or a similar record signed by the division or other official having custody of the foreign cooperative's publicly filed records in the state or other jurisdiction under whose law the foreign cooperative is organized.    Amended by Chapter 149, 2018 General Session
UT Code § 16-16-1403 (2021)
2021 Utah Code|Title 16 - Corporations|Chapter 16 - Uniform Limited Cooperative Association Act|Part 14 - Foreign Cooperatives|Section 1403 - Activities not constituting transacting business.

16-16-1403. Activities not constituting transacting business.    (1) Activities of a foreign cooperative which do not constitute transacting business in this state under this part include:   (a) maintaining, defending, and settling an action or proceeding;     (b) holding meetings of the foreign cooperative's members or directors or carrying on any other activity concerning the foreign cooperative's internal affairs;     (c) maintaining accounts in financial institutions;     (d) maintaining offices or agencies for the transfer, exchange, and registration of the foreign cooperative's own securities or maintaining trustees or depositories with respect to those securities;     (e) selling through independent contractors;     (f) soliciting or obtaining orders, whether by mail or electronic means, through employees, agents, or otherwise, if the orders require acceptance outside this state before they become contracts;     (g) creating or acquiring indebtedness, mortgages, or security interests in real or personal property;     (h) securing or collecting debts or enforcing mortgages or other security interests in property securing the debts, and holding, protecting, and maintaining property so acquired;     (i) conducting an isolated transaction that is completed within 30 days and is not one in the course of similar transactions; and     (j) transacting business in interstate commerce.       (2) For purposes of this part, the ownership in this state of income-producing real property or tangible personal property, other than property excluded under Subsection (1), constitutes transacting business in this state.     (3) This section does not apply in determining the contacts or activities that may subject a foreign cooperative to service of process, taxation, or regulation under law of this state other than this chapter.    Enacted by Chapter 363, 2008 General Session
UT Code § 16-16-1404 (2021)
2021 Utah Code|Title 16 - Corporations|Chapter 16 - Uniform Limited Cooperative Association Act|Part 14 - Foreign Cooperatives|Section 1404 - Issuance of certificate of authority.

16-16-1404. Issuance of certificate of authority.  Unless the division determines that an application for a certificate of authority does not comply with the filing requirements of this chapter, the division, upon payment by the foreign cooperative of all filing fees, shall file the application, issue a certificate of authority, and send a copy of the filed certificate, together with a receipt for the fees, to the foreign cooperative or its representative.  Enacted by Chapter 363, 2008 General Session
UT Code § 16-16-1405 (2021)
2021 Utah Code|Title 16 - Corporations|Chapter 16 - Uniform Limited Cooperative Association Act|Part 14 - Foreign Cooperatives|Section 1405 - Noncomplying name of foreign cooperative.

16-16-1405. Noncomplying name of foreign cooperative.    (1) A foreign cooperative whose name does not comply with Section 16-16-111 may not obtain a certificate of authority until it adopts, for the purpose of transacting business in this state, an alternative name that complies with Section 16-16-111. A foreign cooperative that adopts an alternative name under this Subsection (1) and then obtains a certificate of authority with that name need not also comply with Section 42-2-5. After obtaining a certificate of authority with an alternative name, a foreign cooperative's business in this state shall be transacted under that name unless the foreign cooperative is authorized under Section 42-2-5 to transact business in this state under another name.     (2) If a foreign cooperative authorized to transact business in this state changes its name to one that does not comply with Section 16-16-111, it may not thereafter transact business in this state until it complies with Subsection (1) and obtains an amended certificate of authority.    Amended by Chapter 378, 2010 General Session
UT Code § 16-16-1406 (2021)
2021 Utah Code|Title 16 - Corporations|Chapter 16 - Uniform Limited Cooperative Association Act|Part 14 - Foreign Cooperatives|Section 1406 - Revocation of certificate of authority.

16-16-1406. Revocation of certificate of authority.    (1) A certificate of authority may be revoked by the division in the manner provided in Subsection (2) if the foreign cooperative does not:   (a) pay, not later than 60 days after the due date, any fee, tax, or penalty due to the division under this chapter or any other law of this state;     (b) deliver, not later than 60 days after the due date, its annual report;     (c) appoint and maintain an agent for service of process; or     (d) deliver for filing a statement of change not later than 30 days after a change has occurred in the name of the agent or the address of the foreign cooperative's designated office.       (2) To revoke a certificate of authority, the division shall file a notice of revocation and send a copy to the foreign cooperative's registered agent for service of process in this state or, if the foreign cooperative does not appoint and maintain an agent for service of process in this state, to the foreign cooperative's principal office. The notice shall state:   (a) the revocation's effective date, which shall be at least 60 days after the date the division sends the copy; and     (b) the foreign cooperative's noncompliance that is the reason for the revocation.       (3) The authority of a foreign cooperative to transact business in this state ceases on the effective date of the notice of revocation unless before that date the foreign cooperative cures each failure to comply stated in the notice. If the foreign cooperative cures the failures, the division shall so indicate on the filed notice.    Amended by Chapter 378, 2010 General Session
UT Code § 16-16-1407 (2021)
2021 Utah Code|Title 16 - Corporations|Chapter 16 - Uniform Limited Cooperative Association Act|Part 14 - Foreign Cooperatives|Section 1407 - Cancellation of certificate of authority -- Effect of failure to have certificate.

16-16-1407. Cancellation of certificate of authority -- Effect of failure to have certificate.    (1) To cancel its certificate of authority, a foreign cooperative shall deliver to the division for filing a notice of cancellation. The certificate is canceled when the notice becomes effective under Section 16-16-203.     (2) A foreign cooperative transacting business in this state may not maintain an action or proceeding in this state unless it has a certificate of authority.     (3) The failure of a foreign cooperative to have a certificate of authority does not impair the validity of a contract or act of the foreign cooperative or prevent the foreign cooperative from defending an action or proceeding in this state.     (4) A member of a foreign cooperative is not liable for the obligations of the foreign cooperative solely by reason of the foreign cooperative's having transacted business in this state without a certificate of authority.     (5) If a foreign cooperative transacts business in this state without a certificate of authority or cancels its certificate, it appoints the division as its agent for service of process for an action arising out of the transaction of business in this state.    Amended by Chapter 378, 2010 General Session