42-2-5 - Certificate of assumed and of true name -- Contents -- Execution -- Filing -- Notice.
42-2-5. Certificate of assumed and of true name -- Contents -- Execution -- Filing --Notice.
(1) For purposes of this section, "filed" means the Division of Corporations andCommercial Code has:
(a) received and approved, as to form, a document submitted under this chapter; and
(b) marked on the face of the document a stamp or seal indicating:
(i) the time of day and date of approval;
(ii) the name of the division; and
(iii) the division director's signature and division seal, or facsimiles of the signature orseal.
(2) A person who carries on, conducts, or transacts business in this state under anassumed name, whether that business is carried on, conducted, or transacted as an individual,association, partnership, corporation, or otherwise, shall file with the Division of Corporationsand Commercial Code a certificate setting forth:
(a) the name under which the business is, or is to be carried on, conducted, or transacted;
(b) the full true name, or names, of the person owning, and the person carrying on,conducting, or transacting the business; and
(c) the location of the principal place of business, and the street address of the person.
(3) A certificate filed under this section shall be:
(a) executed by the person owning, and the person carrying on, conducting, or transactingthe business;
(b) filed not later than 30 days after the time of commencing to carry on, conduct, ortransact the business; and
(c) submitted in a machine printed format.
(4) A certificate filed with the Division of Corporations and Commercial Code under thischapter shall include the following notice in a conspicuous place on the face thereof:
NOTICE - THE FILING OF THIS APPLICATION AND ITS APPROVAL BY THEDIVISION OF CORPORATIONS AND COMMERCIAL CODE DOES NOT AUTHORIZETHE USE IN THE STATE OF UTAH OF AN ASSUMED NAME IN VIOLATION OF THERIGHTS OF ANOTHER UNDER FEDERAL, STATE, OR COMMON LAW (SEE UTAHCODE ANN. SECTIONS 42-2-5 ET SEQ.).
(5) (a) A certificate filed under this section shall include a portion that allows the personfiling the form to voluntarily disclose the gender and race of one or more owners of the entity forwhich the filing is made.
(b) Race shall be indicated under Subsection (5)(a) by selecting from the categories ofrace listed in 15 U.S.C. Sec. 631(f).
(c) A person is not required to provide information under Subsection (5)(a) concerningthe gender or race of one or more owners of the entity for which the filing is made.
(d) (i) The Division of Corporations and Commercial Code shall compile informationconcerning the gender or race included on certificates filed with the Division of Corporations andCommercial Code.
(ii) Information compiled by the Division of Corporations and Commercial Code underSubsection (5)(d)(i) may be compiled in a manner determined by the Division of Corporationsand Commercial Code by rules made pursuant to Title 63G, Chapter 3, Utah AdministrativeRulemaking Act.
Amended by Chapter 43, 2010 General Session