reglab/statecodes huggingface dataset:
2023 Utah Code › Title 47 - Nuisances › Chapter 2 - Abandoned Horses › Section 5 - Elimination by the county legislative body -- Method -- Sale.

47-2-5.
Elimination by the county legislative body -- Method -- Sale.
A policy for the manner and method of eliminating abandoned horses from the open range shall be in the discretion of the county legislative body, and it shall be its duty to so eliminate abandoned horses, using the means most effective and economical under the circumstances. The county executive may sell all captured horses.
Amended by Chapter 227, 1993 General Session
2023 Utah Code › Title 47 - Nuisances › Chapter 2 - Abandoned Horses › Section 6 - Owners may reclaim -- Damages -- Taxes.

47-2-6.
Owners may reclaim -- Damages -- Taxes.
Any person owning any horses which are running at large in any county in which the county executive has given notice of intention to make a drive, as provided in this chapter, may within 30 days after the posting or the first publication of the notice mentioned in Section 47-2-4 file with the county executive a description of such horses claimed by him, giving the marks and brands, if any, which appear thereon, and, if the county executive shall take into its possession any horses so claimed, it shall by registered letter addressed to the owner or claimant of such horses notify him that the same may be claimed within 10 days from the mailing of such notice; and such owner or claimant shall be permitted upon application to the county legislative body to take possession of such horses upon payment of the expense of caring for the same from the date of capture. If any horses are killed by order of the county executive under the provisions of this chapter, a description of which has been reported by the owner thereof to the county legislative body, and ownership of such animals can be satisfactorily established, such owner shall receive as damage therefor a sum not exceeding $10 for each animal; provided, that he has paid all taxes assessed against said animal; provided further, that payment of such claims may be made only from proceeds of sales of captured horses.
Amended by Chapter 146, 1994 General Session
2023 Utah Code › Title 47 - Nuisances › Chapter 2 - Abandoned Horses › Section 7 - Elimination from private property on request.

47-2-7.
Elimination from private property on request.
Abandoned horses may be eliminated from privately owned land by the county executive in the same manner as from the open range when requested so to do by the owner of such land.
Amended by Chapter 227, 1993 General Session
2023 Utah Code › Title 47 - Nuisances › Chapter 3 - Shooting Ranges › Part 1 - General Provisions › Section 102 - Definitions.

Effective 5/12/2015
47-3-102.
Definitions.
As used in this chapter:
(1) "Air gun" means a .177 or .20 caliber, or equivalent 4.5mm or 5.0mm, pellet rifle or pellet pistol whose projectile is pneumatically propelled by compressed air or compressed gas such as carbon dioxide.
(2) "Certified official" means a Range Safety Officer, Firearms Instructor, or Shooting Coach certified by the National Rifle Association or equivalent national shooting organization.
(3) "Group" means any organized club, organization, corporation or association which at the time of use of the shooting range has a certified official in charge while shooting is taking place and while the range is open.
(4) "Military range" means a shooting range located on a state military installation.
(5) "Nonmilitary range" means a shooting range that is not a military range.
(6) "Political subdivision" has the same meaning as defined in Section 17B-1-102 and includes a school district.
(7) "Public funds" means funds provided by the federal government, the state, or a political subdivision of the state.
(8) "Shooting range" or "range" means an area designed and continuously operated under nationally recognized standards and operating practices for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, archery, or any other similar shooting activities.
Amended by Chapter 258, 2015 General Session
2023 Utah Code › Title 47 - Nuisances › Chapter 3 - Shooting Ranges › Part 2 - Risk and Nuisance › Section 201 - Assumption of risk.

47-3-201.
Assumption of risk.
A person who participates in shooting at a shooting range or a public shooting range accepts the associated risks to the extent the risks are obvious and inherent. Those risks include injuries that may result from noise, discharge of projectile or shot, malfunction of shooting equipment not owned by the shooting range or public shooting range, natural variations in terrain, surface or subsurface snow or ice conditions, bare spots, rocks, trees, and other forms of natural growth or debris.
Renumbered and Amended by Chapter 155, 2013 General Session
2023 Utah Code › Title 47 - Nuisances › Chapter 3 - Shooting Ranges › Part 2 - Risk and Nuisance › Section 202 - When nuisance action permitted.

47-3-202.
When nuisance action permitted.
(1) A state agency or political subdivision shall ensure that any of its rules or ordinances that define or prohibit a public nuisance exclude from the definition or prohibition any shooting range or public shooting range that was established, constructed, or operated prior to the implementation of the rule or ordinance regarding public nuisance unless that activity or operation substantially and adversely affects public health or safety.
(2) A person who operates or uses a shooting range or a public shooting range in this state is not subject to civil liability or criminal prosecution for noise or noise pollution resulting from the operation or use of the range if:
(a) the range:
(i) was established, constructed, or operated prior to the implementation of any noise ordinances, rules, or regulations; and
(ii) does not substantially and adversely affect public health or safety; or
(b) the range:
(i) is in compliance with any noise control laws, ordinances, rules, or regulations that applied to the range or public shooting range and its operation at the time of establishment, construction, or initial operation of the range; and
(ii) does not substantially and adversely affect public health or safety.
(3) For purposes of this section, noise generated by a shooting range or public shooting range that is operated in accordance with nationally recognized standards and operating practices is not a public health nuisance.
(4) For any new subdivision development located in whole or in part within 1,000 feet of the boundary of any shooting range or public shooting range that was established, constructed, or operated prior to the development of the subdivision, the owner of the development shall provide on any plat filed with the county recorder the following notice:
"Shooting Range Area
This property is located in the vicinity of an established shooting range or public shooting range. It can be anticipated that customary uses and activities at this shooting range or public shooting range will be conducted now and in the future. The use and enjoyment of this property is expressly conditioned on acceptance of any annoyance or inconvenience that may result from these uses and activities."
Renumbered and Amended by Chapter 155, 2013 General Session
2023 Utah Code › Title 47 - Nuisances › Chapter 3 - Shooting Ranges › Part 3 - Public Shooting Ranges › Section 301 - Access to publicly funded ranges.

47-3-301.
Access to publicly funded ranges.
A shooting range, whether indoor or outdoor, constructed with public funds and operated or controlled by the state, an institution of higher education, or a political subdivision, shall, unless specifically exempted in Section 47-3-305, be made available as provided in this section for use by any group.
Enacted by Chapter 155, 2013 General Session
2023 Utah Code › Title 47 - Nuisances › Chapter 3 - Shooting Ranges › Part 3 - Public Shooting Ranges › Section 302 - Use and availability.

47-3-302.
Use and availability.
(1) Use of a shooting range by a group may not interfere with the use of the range by the state agency, military, institution of higher education, or political subdivision for whom the range was constructed.
(2) Outdoor shooting ranges shall be available on weekends and holidays, provided they are not being used for shooting and training purposes by the owner or operator of the range.
(3) Each group that uses a shooting range owned or operated by a state agency, institution of higher education, or political subdivision shall provide a certified official to oversee their shooting activities while on the range. If the group does not have a certified official that is currently available, the owner or operator of the shooting range may provide one and charge a fee for that certified official's time.
(4) A group using a public shooting range may not have anyone with the group who is prohibited from possessing a firearm.
(5) Each group shall provide documentation of current and applicable liability insurance or waivers of liability to cover each state agency, institution of higher education, or a political subdivision, for each person shooting on or controlling the shooting range.
(6) Shooting range operations shall be in accordance with safety standards adopted by the National Rifle Association or equivalent national shooting organization.
(7) Staff from the owner or operator of the shooting range is not required to be present unless there is no certified official present with the group.
(8) The certified official in charge at the applicable time shall be responsible for opening and securely closing the shooting range.
Enacted by Chapter 155, 2013 General Session
2023 Utah Code › Title 47 - Nuisances › Chapter 3 - Shooting Ranges › Part 3 - Public Shooting Ranges › Section 303 - Rulemaking.

47-3-303.
Rulemaking.
(1) The State Armory Board, any state agency, or institution of higher education that operates or has control of a shooting range shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to implement procedures for use of the range by the public.
(2) The rules shall include provisions requiring indoor shooting ranges to be available on a reservation basis, for firearms not exceeding the range design criteria:
(a) at least twice per week;
(b) after 4 p.m. on work or school days, or after students and faculty are excused or dismissed on the work or school day; and
(c) between 8 a.m. and 10 p.m. on weekends.
Enacted by Chapter 155, 2013 General Session
2023 Utah Code › Title 47 - Nuisances › Chapter 3 - Shooting Ranges › Part 3 - Public Shooting Ranges › Section 304 - Fees.

47-3-304.
Fees.
(1) Reasonable fees for the use of a shooting range to cover the incidental material and supply costs incurred by making the range available to a group, may be established by:
(a) the State Armory Board established under Title 39A, Chapter 2, State Armory Board, for a military range; and
(b) for a nonmilitary range, the state agency, institution of higher education, or political subdivision that operates or has control of the range.
(2) Fees for nonmilitary shooting range use may not exceed fees charged by the Department of Natural Resources for the same or similar activity.
(3) Fees collected under Subsection (1) shall be:
(a) for a shooting range operated or controlled by a state agency or an institution of higher education, deposited in the General Fund as dedicated credits to be used for the operation and maintenance of the range; and
(b) for a shooting range operated or controlled by a political subdivision, deposited in the political subdivision's general fund.
Enacted by Chapter 155, 2013 General Session
2023 Utah Code › Title 47 - Nuisances › Chapter 3 - Shooting Ranges › Part 3 - Public Shooting Ranges › Section 305 - Exceptions and prohibitions.

Effective 5/5/2021
47-3-305.
Exceptions and prohibitions.
(1) This part does not apply to:
(a) shooting ranges that are otherwise open to the public;
(b) shooting ranges that are operated as a public shooting range staffed by and operated by Division of Wildlife Resources;
(c) the Utah National Guard ranges located at Camp Williams and the Salt Lake International Airport;
(d) Department of Corrections ranges; and
(e) ranges owned, operated, or currently leased as of March 26, 2013, by a state or local public safety agency.
(2) Firearms may not be allowed in a school building, except under the provision of Section 76-10-505.5, unless there is an outdoor entrance to the shooting range and the most direct access to the range is used. An outdoor entrance to a shooting range may not be blocked by fences, structures, or gates for the purpose of blocking the outdoor entrance.
(3) Only air guns may be used in public ranges where the ventilation systems do not meet current OSHA standards as applied to the duration of exposure of the participants. For the purposes of this part, an air gun does not include larger caliber pneumatic weapons, paintball guns, or air shotguns.
(4) Group range use is a lawful, approved activity under Subsection 76-10-505.5(4)(a).
Amended by Chapter 246, 2021 General Session
2023 Utah Code › Title 48 - Unincorporated Business Entity Act › Chapter 1d - Utah Uniform Partnership Act › Part 1 - General Provisions › Section 103 - Knowledge -- Notice.

48-1d-103.
Knowledge -- Notice.
(1) A person knows a fact if the person:
(a) has actual knowledge of it; or
(b) is deemed to know it under Subsection (4)(a) or law other than this chapter.
(2) A person has notice of a fact if the person:
(a) has reason to know the fact from all the facts known to the person at the time in question; or
(b) is deemed to have notice of the fact under Subsection (4)(b).
(3) Subject to Subsection 48-1d-116(6), a person notifies another person of a fact by taking steps reasonably required to inform the other person in ordinary course, whether or not those steps cause the other person to know the fact.
(4) A person not a partner is deemed:
(a) to know of a limitation on authority to transfer real property as provided in Subsection 48-1d-303(7); and
(b) to have notice of:
(i) a partner's dissociation 90 days after a statement of dissociation under Section 48-1d-804 becomes effective; and
(ii) a partnership's:
(A) dissolution 90 days after a statement of dissolution under Subsection 48-1d-902(2)(b)(i) becomes effective;
(B) termination 90 days after a statement of termination under Subsection 48-1d-902(2)(b)(vi) becomes effective;
(C) participation in a merger, interest exchange, conversion, or domestication 90 days after a statement of merger, interest exchange, conversion, or domestication under Part 10, Merger, Interest Exchange, Conversion, and Domestication, becomes effective; and
(D) abandonment of a merger, interest exchange, conversion, or domestication 90 days after a statement of abandonment of merger, interest exchange, conversion, or domestication under Part 10, Merger, Interest Exchange, Conversion, and Domestication, becomes effective.
(5) A partner's knowledge or notice of a fact relating to the partnership is effective immediately as knowledge of or notice to the partnership, except in the case of a fraud on the partnership committed by or with the consent of that partner.
Enacted by Chapter 412, 2013 General Session
2023 Utah Code › Title 48 - Unincorporated Business Entity Act › Chapter 1d - Utah Uniform Partnership Act › Part 1 - General Provisions › Section 104 - Governing law.

48-1d-104.
Governing law.
The internal affairs of a partnership and the liability of a partner as a partner for the debts, obligations, or other liabilities of the partnership are governed by:
(1) in the case of a limited liability partnership, the law of this state; and
(2) in the case of a partnership that is not a limited liability partnership, the law of the state of the jurisdiction in which the partnership has its principal office.
Enacted by Chapter 412, 2013 General Session
2023 Utah Code › Title 48 - Unincorporated Business Entity Act › Chapter 1d - Utah Uniform Partnership Act › Part 1 - General Provisions › Section 105 - Supplemental principles of law.

48-1d-105.
Supplemental principles of law.
Unless displaced by particular provisions of this chapter, the principles of law and equity supplement this chapter.
Enacted by Chapter 412, 2013 General Session
2023 Utah Code › Title 48 - Unincorporated Business Entity Act › Chapter 1d - Utah Uniform Partnership Act › Part 1 - General Provisions › Section 107 - Partnership agreement -- Effect on partnership and person becoming partner -- Preformation agreement.

48-1d-107.
Partnership agreement -- Effect on partnership and person becoming partner -- Preformation agreement.
(1) A partnership is bound by and may enforce the partnership agreement, whether or not the partnership has itself manifested assent to the partnership agreement.
(2) A person that becomes a partner of a partnership is deemed to assent to the partnership agreement.
(3) Two or more persons intending to become the initial partners of a partnership may make an agreement providing that upon the formation of the partnership the agreement will become the partnership agreement.
Enacted by Chapter 412, 2013 General Session
2023 Utah Code › Title 48 - Unincorporated Business Entity Act › Chapter 1d - Utah Uniform Partnership Act › Part 1 - General Provisions › Section 108 - Partnership agreement -- Effect on third parties and relationship to records effective on behalf of partnership.

48-1d-108.
Partnership agreement -- Effect on third parties and relationship to records effective on behalf of partnership.
(1) A partnership agreement may specify that its amendment requires the approval of a person that is not a party to the partnership agreement or the satisfaction of a condition. An amendment is ineffective if its adoption does not include the required approval or satisfy the specified condition.
(2) The obligations of a partnership and its partners to a person in the person's capacity as a transferee or person dissociated as a partner are governed by the partnership agreement. Subject only to a court order issued under Subsection 48-1d-604(2)(b) to effectuate a charging order, an amendment to the partnership agreement made after a person becomes a transferee or is dissociated as a partner:
(a) is effective with regard to any debt, obligation, or other liability of the partnership or its partners to the person in the person's capacity as a transferee or person dissociated as a partner; and
(b) is not effective to the extent the amendment:
(i) imposes a new debt, obligation, or other liability on the transferee or person dissociated as a partner; or
(ii) prejudices the rights under Section 48-1d-801 of a person that dissociated as a partner before the amendment was made.
(3) If a record delivered by a partnership to the division for filing becomes effective under this chapter and contains a provision that would be ineffective under Subsection 48-1d-106(3) or (4)(b) if contained in the partnership agreement, the provision is ineffective in the record.
(4) Subject to Subsection (3), if a record delivered by a partnership to the division for filing becomes effective under this chapter and conflicts with a provision of the partnership agreement:
(a) the partnership agreement prevails as to partners, persons dissociated as partners, and transferees; and
(b) the record prevails as to other persons to the extent they reasonably rely on the record.
Enacted by Chapter 412, 2013 General Session
2023 Utah Code › Title 48 - Unincorporated Business Entity Act › Chapter 1d - Utah Uniform Partnership Act › Part 1 - General Provisions › Section 109 - Delivery of record.

48-1d-109.
Delivery of record.
(1) Except as otherwise provided in this chapter, permissible means of delivery of a record include delivery by hand, the United States Postal Service, commercial delivery service, and electronic transmission.
(2) Delivery to the division is effective only when a record is received by the division.
Enacted by Chapter 412, 2013 General Session
2023 Utah Code › Title 48 - Unincorporated Business Entity Act › Chapter 1d - Utah Uniform Partnership Act › Part 1 - General Provisions › Section 110 - Signing of records to be delivered for filing to division.

48-1d-110.
Signing of records to be delivered for filing to division.
(1) A record delivered to the division for filing pursuant to this chapter must be signed as follows:
(a) Except as otherwise provided in Subsections (1)(b) and (c), a record signed by a partnership must be signed by a person authorized by the partnership.
(b) A record filed on behalf of a dissolved partnership that has no partner must be signed by the person winding up the partnership's activities and affairs under Subsection 48-1d-902(3) or a person appointed under Subsection 48-1d-902(4) to wind up the business.
(c) A statement of denial by a person under Section 48-1d-304 must be signed by that person.
(d) Any other record delivered on behalf of a person to the division for filing must be signed by that person.
(2) Any record filed under this chapter may be signed by an agent. Whenever this chapter requires a particular individual to sign a record and the individual is deceased or incompetent, the record may be signed by a legal representative of the individual.
(3) A person that signs a record as an agent or legal representative thereby affirms as a fact that the person is authorized to sign the record.
Enacted by Chapter 412, 2013 General Session
2023 Utah Code › Title 48 - Unincorporated Business Entity Act › Chapter 1d - Utah Uniform Partnership Act › Part 1 - General Provisions › Section 111 - Signing and filing pursuant to judicial order.

Superseded 7/1/2024
48-1d-111.
Signing and filing pursuant to judicial order.
(1) If a person required by this chapter to sign a record or deliver a record to the division for filing under this chapter does not do so, any other person that is aggrieved may petition the district court to order:
(a) the person to sign the record;
(b) the person to deliver the record to the division for filing; or
(c) the division to file the record unsigned.
(2) If a petitioner under Subsection (1) is not the partnership or foreign limited liability partnership to which the record pertains, the petitioner shall make the partnership or foreign limited liability partnership a party to the action.
(3) A record filed under Subsection (1)(c) is effective without being signed.
Enacted by Chapter 412, 2013 General Session
2023 Utah Code › Title 48 - Unincorporated Business Entity Act › Chapter 1d - Utah Uniform Partnership Act › Part 1 - General Provisions › Section 111 - Signing and filing pursuant to judicial order.

Effective 7/1/2024
48-1d-111.
Signing and filing pursuant to judicial order.
(1) If a person required by this chapter to sign a record or deliver a record to the division for filing under this chapter does not do so, any other person that is aggrieved may petition a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, to order:
(a) the person to sign the record;
(b) the person to deliver the record to the division for filing; or
(c) the division to file the record unsigned.
(2) If a petitioner under Subsection (1) is not the partnership or foreign limited liability partnership to which the record pertains, the petitioner shall make the partnership or foreign limited liability partnership a party to the action.
(3) A record filed under Subsection (1)(c) is effective without being signed.
Amended by Chapter 401, 2023 General Session
2023 Utah Code › Title 48 - Unincorporated Business Entity Act › Chapter 1d - Utah Uniform Partnership Act › Part 1 - General Provisions › Section 112 - Filing requirements.

48-1d-112.
Filing requirements.
(1) To be filed by the division pursuant to this chapter, a record must be received by the division, comply with this chapter, and satisfy the following:
(a) The filing of the record must be required or permitted by this chapter.
(b) The record must be physically delivered in written form unless and to the extent the division permits electronic delivery of records.
(c) The words in the record must be in English, and numbers must be in Arabic or Roman numerals, but the name of an entity need not be in English if written in English letters or Arabic or Roman numerals.
(d) The record must be signed by a person authorized or required under this chapter to sign the record.
(e) The record must state the name and capacity, if any, of each individual who signed it, either on behalf of the individual or the person authorized or required to sign the record, but need not contain a seal, attestation, acknowledgment, or verification.
(2) If law other than this chapter prohibits the disclosure by the division of information contained in a record delivered to the division for filing, the division shall accept the record if the record otherwise complies with this chapter but the division may redact the information.
(3) When a record is delivered to the division for filing, any fee required under this chapter and any fee, tax, interest, or penalty required to be paid under this chapter or law other than this chapter must be paid in a manner permitted by the division or by that law.
(4) The division may require that a record delivered in written form be accompanied by an identical or conformed copy.
Enacted by Chapter 412, 2013 General Session
2023 Utah Code › Title 48 - Unincorporated Business Entity Act › Chapter 1d - Utah Uniform Partnership Act › Part 1 - General Provisions › Section 113 - Effective time and date.

48-1d-113.
Effective time and date.
Except as otherwise provided in Section 48-1d-114 and subject to Subsection 48-1d-115(3), a record filed under this chapter is effective:
(1) on the date and at the time of its filing by the division, as provided in Section 48-1d-116;
(2) on the date of filing and at the time specified in the record as its effective time, if later than the time under Subsection (1);
(3) at a specified delayed effective time and date, which may not be more than 90 days after the date of filing; or
(4) if a delayed effective date is specified, but no time is specified, at 12:01 a.m. on the date specified, which may not be more than 90 days after the date of filing.
Enacted by Chapter 412, 2013 General Session
2023 Utah Code › Title 48 - Unincorporated Business Entity Act › Chapter 1d - Utah Uniform Partnership Act › Part 1 - General Provisions › Section 114 - Withdrawal of filed record before effectiveness.

48-1d-114.
Withdrawal of filed record before effectiveness.
(1) Except as otherwise provided in Sections 48-1d-1024, 48-1d-1034, 48-1d-1044, and 48-1d-1054, a record delivered to the division for filing may be withdrawn before it takes effect by delivering to the division for filing a statement of withdrawal.
(2) A statement of withdrawal must:
(a) be signed by each person that signed the record being withdrawn, except as otherwise agreed by those persons;
(b) identify the record to be withdrawn; and
(c) if signed by fewer than all the persons that signed the record being withdrawn, state that the record is withdrawn in accordance with the agreement of all the persons that signed the record.
(3) On filing by the division of a statement of withdrawal, the action or transaction evidenced by the original record does not take effect.
Enacted by Chapter 412, 2013 General Session
2023 Utah Code › Title 48 - Unincorporated Business Entity Act › Chapter 1d - Utah Uniform Partnership Act › Part 1 - General Provisions › Section 115 - Correcting filed record.

48-1d-115.
Correcting filed record.
(1) A person on whose behalf a filed record was delivered to the division for filing may correct the record if:
(a) the record at the time of filing was inaccurate;
(b) the record was defectively signed; or
(c) the electronic transmission of the record to the division was defective.
(2) To correct a filed record, a person on whose behalf the record was delivered to the division must deliver to the division for filing a statement of correction.
(3) A statement of correction:
(a) may not state a delayed effective date;
(b) must be signed by the person correcting the filed record;
(c) must identify the filed record to be corrected;
(d) must specify the inaccuracy or defect to be corrected; and
(e) must correct the inaccuracy or defect.
(4) A statement of correction is effective as of the effective date of the filed record that it corrects except for purposes of Subsection 48-1d-103(4) and as to persons relying on the uncorrected filed record and adversely affected by the correction. For those purposes and as to those persons, the statement of correction is effective when filed.
Enacted by Chapter 412, 2013 General Session
2023 Utah Code › Title 48 - Unincorporated Business Entity Act › Chapter 1d - Utah Uniform Partnership Act › Part 1 - General Provisions › Section 116 - Duty of division to file -- Review of refusal to file -- Transmission of information by division.

Superseded 7/1/2024
48-1d-116.
Duty of division to file -- Review of refusal to file -- Transmission of information by division.
(1) The division shall file a record delivered to the division for filing which satisfies this chapter. The duty of the division under this section is ministerial.
(2) When the division files a record, the division shall record it as filed on the date and at the time of its delivery. After filing a record, the division shall deliver to the person that submitted the record a copy of the record with an acknowledgment of the date and time of filing and, in the case of a statement of denial, also to the partnership to which the statement pertains.
(3) If the division refuses to file a record, the division, not later than 15 business days after the record is delivered, shall:
(a) return the record or notify the person that submitted the record of the refusal; and
(b) provide a brief explanation in a record of the reason for the refusal.
(4) If the division refuses to file a record, the person that submitted the record may petition the district court to compel filing of the record. The record and the explanation of the division of the refusal to file must be attached to the petition. The court may decide the matter in a summary proceeding.
(5) The filing of or refusal to file a record does not create a presumption that the information contained in the record is correct or incorrect.
(6) Except as otherwise provided by Section 16-17-301 or by law other than this chapter, the division may deliver any record to a person by delivering it:
(a) in person to the person that submitted it;
(b) to the address of the person's registered agent;
(c) to the principal office of the person; or
(d) to another address the person provides to the division for delivery.
Enacted by Chapter 412, 2013 General Session
2023 Utah Code › Title 48 - Unincorporated Business Entity Act › Chapter 1d - Utah Uniform Partnership Act › Part 1 - General Provisions › Section 116 - Duty of division to file -- Review of refusal to file -- Transmission of information by division.

Effective 7/1/2024
48-1d-116.
Duty of division to file -- Review of refusal to file -- Transmission of information by division.
(1) The division shall file a record delivered to the division for filing which satisfies this chapter. The duty of the division under this section is ministerial.
(2) When the division files a record, the division shall record it as filed on the date and at the time of its delivery. After filing a record, the division shall deliver to the person that submitted the record a copy of the record with an acknowledgment of the date and time of filing and, in the case of a statement of denial, also to the partnership to which the statement pertains.
(3) If the division refuses to file a record, the division, not later than 15 business days after the record is delivered, shall:
(a) return the record or notify the person that submitted the record of the refusal; and
(b) provide a brief explanation in a record of the reason for the refusal.
(4)
(a) If the division refuses to file a record, the person that submitted the record may petition a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, to compel filing of the record.
(b) The record and the explanation of the division of the refusal to file must be attached to the petition.
(c) The court may decide the matter in a summary proceeding.
(5) The filing of or refusal to file a record does not create a presumption that the information contained in the record is correct or incorrect.
(6) Except as otherwise provided by Section 16-17-301 or by law other than this chapter, the division may deliver any record to a person by delivering it:
(a) in person to the person that submitted it;
(b) to the address of the person's registered agent;
(c) to the principal office of the person; or
(d) to another address the person provides to the division for delivery.
Amended by Chapter 401, 2023 General Session
2023 Utah Code › Title 48 - Unincorporated Business Entity Act › Chapter 1d - Utah Uniform Partnership Act › Part 1 - General Provisions › Section 117 - Liability for inaccurate information in filed record.

48-1d-117.
Liability for inaccurate information in filed record.
(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.
(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.
Enacted by Chapter 412, 2013 General Session
2023 Utah Code › Title 48 - Unincorporated Business Entity Act › Chapter 1d - Utah Uniform Partnership Act › Part 1 - General Provisions › Section 118 - Reservation of power to amend or repeal.

48-1d-118.
Reservation of power to amend or repeal.
The Legislature of this state has power to amend or repeal all or part of this chapter at any time, and all domestic and foreign limited liability partnerships subject to this chapter are governed by the amendment or repeal.
Enacted by Chapter 412, 2013 General Session
2023 Utah Code › Title 48 - Unincorporated Business Entity Act › Chapter 1d - Utah Uniform Partnership Act › Part 2 - Nature of Partnership › Section 201 - Partnership as entity.

48-1d-201.
Partnership as entity.
(1) A partnership is an entity distinct from its partners.
(2) A partnership is the same entity regardless of whether the partnership has a statement of qualification in effect under Section 48-1d-1101.
Enacted by Chapter 412, 2013 General Session
2023 Utah Code › Title 48 - Unincorporated Business Entity Act › Chapter 1d - Utah Uniform Partnership Act › Part 2 - Nature of Partnership › Section 202 - Formation of partnership.

48-1d-202.
Formation of partnership.
(1) Except as otherwise provided in Subsection (2), the association of two or more persons to carry on as co-owners a business for profit forms a partnership, whether or not the persons intend to form a partnership.
(2) An association formed under a statute other than this chapter, a predecessor statute, or a comparable statute of another jurisdiction is not a partnership under this chapter.
(3) In determining whether a partnership is formed, the following rules apply:
(a) Joint tenancy, tenancy in common, tenancy by the entireties, joint property, common property, or part ownership does not by itself establish a partnership, even if the co-owners share profits made by the use of the property.
(b) The sharing of gross returns does not by itself establish a partnership, even if the persons sharing them have a joint or common right or interest in property from which the returns are derived.
(c) A person who receives a share of the profits of a business is presumed to be a partner in the business, unless the profits were received in payment:
(i) of a debt by installments or otherwise;
(ii) for services as an independent contractor or of wages or other compensation to an employee;
(iii) of rent;
(iv) of an annuity or other retirement or health benefit to a deceased or retired partner or a beneficiary, representative, or designee of a deceased or retired partner;
(v) of interest or other charge on a loan, even if the amount of payment varies with the profits of the business, including a direct or indirect present or future ownership of the collateral, or rights to income, proceeds, or increase in value derived from the collateral; or
(vi) for the sale of the goodwill of a business or other property by installments or otherwise.
Enacted by Chapter 412, 2013 General Session
2023 Utah Code › Title 48 - Unincorporated Business Entity Act › Chapter 1d - Utah Uniform Partnership Act › Part 2 - Nature of Partnership › Section 204 - When property is partnership property.

48-1d-204.
When property is partnership property.
(1) Property is partnership property if acquired in the name of:
(a) the partnership; or
(b) one or more partners with an indication in the instrument transferring title to the property of the person's capacity as a partner or of the existence of a partnership but without an indication of the name of the partnership.
(2) Property is acquired in the name of the partnership by a transfer to:
(a) the partnership in its name; or
(b) one or more partners in their capacity as partners in the partnership, if the name of the partnership is indicated in the instrument transferring title to the property.
(3) Property is presumed to be partnership property if purchased with partnership assets, even if not acquired in the name of the partnership or of one or more partners with an indication in the instrument transferring title to the property of the person's capacity as a partner or of the existence of a partnership.
(4) Property acquired in the name of one or more of the partners, without an indication in the instrument transferring title to the property of the person's capacity as a partner or of the existence of a partnership and without use of partnership assets, is presumed to be separate property, even if used for partnership purposes.
Enacted by Chapter 412, 2013 General Session
2023 Utah Code › Title 48 - Unincorporated Business Entity Act › Chapter 1d - Utah Uniform Partnership Act › Part 3 - Relations of Partners to Persons Dealing with Partnership › Section 301 - Partner agent of partnership.

48-1d-301.
Partner agent of partnership.
Subject to the effect of a statement of partnership authority under Section 48-1d-303, the following rules apply:
(1) Each partner is an agent of the partnership for the purpose of its activities and affairs. An act of a partner, including the signing of an instrument in the partnership name, for apparently carrying on in the ordinary course the partnership's activities and affairs or activities and affairs of the kind carried on by the partnership binds the partnership, unless the partner did not have authority to act for the partnership in the particular matter and the person with which the partner was dealing knew, or had notice, that the partner lacked authority.
(2) An act of a partner, which is not apparently for carrying on in the ordinary course the partnership's activities and affairs or activities and affairs of the kind carried on by the partnership, binds the partnership only if the act was actually authorized by all the other partners.
Enacted by Chapter 412, 2013 General Session
2023 Utah Code › Title 48 - Unincorporated Business Entity Act › Chapter 1d - Utah Uniform Partnership Act › Part 3 - Relations of Partners to Persons Dealing with Partnership › Section 302 - Transfer of partnership property.

48-1d-302.
Transfer of partnership property.
(1) Partnership property may be transferred as follows:
(a) Subject to the effect of a statement of partnership authority under Section 48-1d-303, partnership property held in the name of the partnership may be transferred by an instrument of transfer executed by a partner in the partnership name.
(b) Partnership property held in the name of one or more partners with an indication in the instrument transferring the property to them of their capacity as partners or of the existence of a partnership, but without an indication of the name of the partnership, may be transferred by an instrument of transfer executed by the persons in whose name the property is held.
(c) Partnership property held in the name of one or more persons other than the partnership, without an indication in the instrument transferring the property to them of their capacity as partners or of the existence of a partnership, may be transferred by an instrument of transfer executed by the persons in whose name the property is held.
(2) A partnership may recover partnership property from a transferee only if it proves that execution of the instrument of initial transfer did not bind the partnership under Section 48-1d-301 and:
(a) as to a subsequent transferee who gave value for property transferred under Subsection (1)(a) or (1)(b), proves that the subsequent transferee knew or had received a notification that the person who executed the instrument of initial transfer lacked authority to bind the partnership; or
(b) as to a transferee who gave value for property transferred under Subsection (1)(c), proves that the transferee knew or had received a notification that the property was partnership property and that the person who executed the instrument of initial transfer lacked authority to bind the partnership.
(3) A partnership may not recover partnership property from a subsequent transferee if the partnership would not have been entitled to recover the property, under Subsection (2), from any earlier transferee of the property.
(4) If a person holds all the partners' interests in the partnership, all the partnership property vests in that person. The person may execute a document in the name of the partnership to evidence vesting of the property in that person and may file or record the document.
Enacted by Chapter 412, 2013 General Session
2023 Utah Code › Title 48 - Unincorporated Business Entity Act › Chapter 1d - Utah Uniform Partnership Act › Part 3 - Relations of Partners to Persons Dealing with Partnership › Section 304 - Statement of denial.

48-1d-304.
Statement of denial.
A person named in a filed statement of authority granting that person authority may deliver to the division for filing a statement of denial that:
(1) provides the name of the partnership and the caption of the statement of authority to which the statement of denial pertains; and
(2) denies the grant of authority.
Enacted by Chapter 412, 2013 General Session
2023 Utah Code › Title 48 - Unincorporated Business Entity Act › Chapter 1d - Utah Uniform Partnership Act › Part 3 - Relations of Partners to Persons Dealing with Partnership › Section 305 - Partnership liable for partner's actionable conduct.

48-1d-305.
Partnership liable for partner's actionable conduct.
(1) A partnership is liable for loss or injury caused to a person, or for a penalty incurred, as a result of a wrongful act or omission, or other actionable conduct, of a partner acting in the ordinary course of activities and affairs of the partnership or with the actual or apparent authority of the partnership.
(2) If, in the course of the partnership's activities and affairs or while acting with actual or apparent authority of the partnership, a partner receives or causes the partnership to receive money or property of a person not a partner, and the money or property is misapplied by a partner, the partnership is liable for the loss.
Enacted by Chapter 412, 2013 General Session
2023 Utah Code › Title 48 - Unincorporated Business Entity Act › Chapter 1d - Utah Uniform Partnership Act › Part 3 - Relations of Partners to Persons Dealing with Partnership › Section 306 - Partner's liability.

48-1d-306.
Partner's liability.
(1) Except as otherwise provided in Subsections (2) and (3), all partners are liable jointly and severally for all debts, obligations, and other liabilities of the partnership unless otherwise agreed to by the claimant or provided by law.
(2) A person that becomes a partner is not personally liable for a debt, obligation, or other liability of the partnership incurred before the person became a partner.
(3) A debt, obligation, or other liability of a partnership incurred while the partnership is a limited liability partnership is solely the debt, obligation, or other liability of the limited liability partnership. A partner is not personally liable, directly or indirectly, by way of contribution or otherwise, for a debt, obligation, or other liability of the limited liability partnership solely by reason of being or acting as a partner. This Subsection (3) applies:
(a) despite anything inconsistent in the partnership agreement that existed immediately before the vote or consent required to become a limited liability partnership under Subsection 48-1d-1101(2); and
(b) regardless of the dissolution of the limited liability partnership.
(4) The failure of a limited liability partnership to observe any formalities relating to the exercise of its powers or management of its activities and affairs is not a ground for imposing liability on any partner of the limited liability partnership for a debt, obligation, or other liability of the limited liability partnership.
(5) The cancellation or administrative revocation of a limited liability partnership's statement of qualification does not affect the limitation under this section on the liability of a partner for a debt, obligation, or other liability of the partnership incurred while the statement was in effect.
(6) Subsection (3) and Part 11, Limited Liability Partnerships, do not alter any law applicable to the relationship between a person providing a professional service and a person receiving the professional service, including liability arising out of those professional services. A person providing a professional service remains personally liable for a result of that person's act or omission.
Enacted by Chapter 412, 2013 General Session