LegalFix

Section 1407 - Disposition of claims by publication.

UT Code § 16-6a-1407 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(1) A dissolved nonprofit corporation may publish notice of its dissolution and request that persons with claims against the nonprofit corporation present them in accordance with the notice.

(2) The notice described in Subsection (1) shall: (a) be published: (i) one time in a newspaper of general circulation in: (A) the county where: (I) the dissolved nonprofit corporation's principal office is located; or (II) if the dissolved nonprofit corporation has no principal office in this state, its registered office is or was last located; or (B) if neither Subsection (2)(a)(i)(A) or (B) apply, Salt Lake County; and (ii) as required in Section 45-1-101; (b) describe the information that shall be included in a claim; (c) provide an address at which any claim shall be given to the nonprofit corporation; and (d) state that unless sooner barred by any other statute limiting actions, a claim will be barred if an action to enforce the claim is not commenced within three years after publication of the notice.

(a) be published: (i) one time in a newspaper of general circulation in: (A) the county where: (I) the dissolved nonprofit corporation's principal office is located; or (II) if the dissolved nonprofit corporation has no principal office in this state, its registered office is or was last located; or (B) if neither Subsection (2)(a)(i)(A) or (B) apply, Salt Lake County; and (ii) as required in Section 45-1-101;

(i) one time in a newspaper of general circulation in: (A) the county where: (I) the dissolved nonprofit corporation's principal office is located; or (II) if the dissolved nonprofit corporation has no principal office in this state, its registered office is or was last located; or (B) if neither Subsection (2)(a)(i)(A) or (B) apply, Salt Lake County; and

(A) the county where: (I) the dissolved nonprofit corporation's principal office is located; or (II) if the dissolved nonprofit corporation has no principal office in this state, its registered office is or was last located; or

(I) the dissolved nonprofit corporation's principal office is located; or

(II) if the dissolved nonprofit corporation has no principal office in this state, its registered office is or was last located; or

(B) if neither Subsection (2)(a)(i)(A) or (B) apply, Salt Lake County; and

(ii) as required in Section 45-1-101;

(b) describe the information that shall be included in a claim;

(c) provide an address at which any claim shall be given to the nonprofit corporation; and

(d) state that unless sooner barred by any other statute limiting actions, a claim will be barred if an action to enforce the claim is not commenced within three years after publication of the notice.

(3) If the dissolved nonprofit corporation publishes a newspaper or website notice in accordance with Subsection (2), then unless sooner barred under Section 16-6a-1406 or under any other statute limiting actions, the claim of any claimant against the dissolved nonprofit corporation is barred unless the claimant commences an action to enforce the claim against the dissolved nonprofit corporation within three years after the publication date of the notice.

(4) For purposes of this section: (a) "claim" means any claim, including claims of this state, whether: (i) known; (ii) due or to become due; (iii) absolute or contingent; (iv) liquidated or unliquidated; (v) founded on contract, tort, or other legal basis; or (vi) otherwise; and (b) an action to enforce a claim includes: (i) any civil action; and (ii) any arbitration under any agreement for binding arbitration between the dissolved nonprofit corporation and the claimant.

(a) "claim" means any claim, including claims of this state, whether: (i) known; (ii) due or to become due; (iii) absolute or contingent; (iv) liquidated or unliquidated; (v) founded on contract, tort, or other legal basis; or (vi) otherwise; and

(i) known;

(ii) due or to become due;

(iii) absolute or contingent;

(iv) liquidated or unliquidated;

(v) founded on contract, tort, or other legal basis; or

(vi) otherwise; and

(b) an action to enforce a claim includes: (i) any civil action; and (ii) any arbitration under any agreement for binding arbitration between the dissolved nonprofit corporation and the claimant.

(i) any civil action; and

(ii) any arbitration under any agreement for binding arbitration between the dissolved nonprofit corporation and the claimant.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
Section 1407 - Disposition of claims by publication.