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[Utah Code Table of Contents]
[TITLE 13. Table of Contents]
13-1a-1 Creation of division - Responsibilities.
There is established within the Department of Commerce
the Division of Corporations and Commercial Code which is
responsible for corporation and commercial code filings in
this state.
1989
13-1a-2 Director to supervise division - Appointment.
The division shall be under the supervision, direction,
and control of a director. The director shall be appointed
by the executive director of the Department of Commerce with
the approval of the governor. The director shall hold office
at the pleasure of the governor.
1989
13-1a-3 Employment and compensation of personnel - Compensation of director.
The director, with the approval of the executive director,
may employ personnel necessary to carry out the duties and
responsibilities of the division at salaries established
by the executive director according to standards established
by the Department of Human Resource Management. The executive
director shall establish the salary of the director according
to standards established by the Department of Human Resource
Management.
2006
13-1a-4 Annual budget.
On or before the 1st day of October each year, the director
shall prepare and submit to the executive director an annual
budget of the administrative expenses of the division.
1997
13-1a-5 Authority of director.
The director has authority:
(1) to make rules in accordance with Title 63, Chapter 46a, the Utah Administrative Rulemaking Act, to administer the responsibilities of the division;
(2) to investigate, upon complaint, the corporation and commercial code filings and compliance governed by the laws administered and enforced by the division; and
(3) under the provisions of Title 63, Chapter 46b, the
Utah Administrative Procedures Act, to take administrative
action against persons in violation of the division rules
and the laws administered by it, including the issuance of
cease and desist orders.
1990
13-1a-6 Powers of Division of Corporations and Commercial Code - Document retention.
(1) The Division of Corporations and Commercial Code shall have the power and authority reasonably necessary to enable it to efficiently administer the laws and rules for which it is responsible and to perform the duties imposed upon it by law.
(2) The division has authority under Title 63, Chapter 46a, Utah Administrative Rulemaking Act, to make rules and procedures for the processing, retention, and disposal of filed documents to efficiently utilize electronic and computerized document image storage and retrieval.
(3) Notwithstanding the provisions of Section
63-2-905
, original documents filed in the division offices
shall not be considered property of the state if electronic
image reproductions thereof which comply with the provisions
of Title 63, Chapter 2, are retained by the division.
1997
13-1a-7 Hearing powers.
(1) The director, in accordance with Title 63, Chapter 46b, the Administrative Procedures Act, may hold or cause to be held administrative hearings regarding any matter affecting the division or the incorporation or registration activities of any business governed by the laws administered by the division.
(2) The director or his designee, for the purposes outlined
in this chapter or any chapter administered by the division,
may administer oaths, issue subpoenas, compel the attendance
of witnesses, and compel the production of papers, books,
accounts, documents, and evidence.
1990
13-1a-8 Violation of restraining or injunctive order - Civil penalty.
If any restraining order or injunction issued under this
chapter is violated, the division may submit a motion for,
or the court on its own motion may impose, a civil penalty
of not more than $100 for each day a restraining order, preliminary
injunction, or permanent injunction issued under this chapter
is violated, if the party has received notice of the restraining
order or injunction.
1990
13-1a-9 Fees of Division of Corporations and Commercial Code.
In addition to the fees prescribed by Title 16, Chapter
6a, Utah Revised Nonprofit Corporation Act, and Title 16,
Chapter 10a, Utah Revised Business Corporation Act, the Division
of Corporations and Commercial Code shall receive and determine
fees pursuant to Section
63-38-3.2
for filing articles of incorporation or amendments
of insurance corporations, of canal or irrigation corporations
organized for furnishing water to lands owned by the members
thereof exclusively, or of water users' associations organized
in conformity with the requirements of the United States
under the Reclamation Act of June 17, 1902, and which are
authorized to furnish water only to their stockholders. No
license fee may be imposed on insurance corporations, canal
or irrigation corporations organized for furnishing water
to lands owned by the members thereof exclusively, or water
users' associations organized in conformity with the requirements
of the United States under the Reclamation Act of June 17,
1902, and which are authorized to furnish water only to the
stockholders at the time any such corporation files its articles
of incorporation, articles of amendment increasing the number
of authorized shares, or articles of merger or consolidation,
any provision of Title 16, Chapter 10a, Utah Revised Business
Corporation Act, to the contrary notwithstanding.
2001
