Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 174 (2015GS)

Sponsor

Sen. Hillyard, L.

Final action

Governor Signed 3/30/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• requires an entity to designate a registered agent;
• provides for changes in registered agents; and
• makes technical changes.

Every vote on this bill

Bill text

REGISTERED AGENTS AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Lyle W. Hillyard
House Sponsor: 
V. Lowry Snow
LONG TITLE
General Description:
This bill modifies provisions related to doing business under an assumed name to
address registered agents.
Highlighted Provisions:
This bill:
▸ requires an entity to designate a registered agent;
▸ provides for changes in registered agents; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
42-2-5
, as last amended by Laws of Utah 2010, Chapter 43
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
42-2-5
 is amended to read:
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 and
Commercial 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 or
seal.
(2) A person who carries on, conducts, or transacts business in this state under an
assumed name, whether that business is carried on, conducted, or transacted as an individual,
association, partnership, corporation, or otherwise, shall
:
(a)
 file with the Division of Corporations and Commercial Code a certificate setting
forth:
[
(a)
] 
(i)
 the name under which the business is, or is to be carried on, conducted, or
transacted;
[
(b)
] 
(ii)
 the full true name, or names, of the person owning, and the person carrying
on, conducting, or transacting the business; and
[
(c)
] 
(iii)
 the location of the principal place of business, and the street address of the
person[
.
]
; and
(b) designate, in accordance with Subsection 
16-17-203
(1), and maintain a registered
agent in this state.
(3) A certificate filed under this section shall be:
(a) executed by the person owning, and the person carrying on, conducting, or
transacting the business;
(b) filed not later than 30 days after the time of commencing to carry on, conduct, or
transact the business; and
(c) submitted in a machine printed format.
(4) A certificate filed with the Division of Corporations and Commercial Code under
this chapter shall include the following notice in a conspicuous place on the face thereof:
NOTICE - THE FILING OF THIS APPLICATION AND ITS APPROVAL BY THE
DIVISION OF CORPORATIONS AND COMMERCIAL CODE DOES NOT AUTHORIZE
THE USE IN THE STATE OF UTAH OF AN ASSUMED NAME IN VIOLATION OF THE
RIGHTS OF ANOTHER UNDER FEDERAL, STATE, OR COMMON LAW (SEE UTAH
CODE ANN. SECTIONS 
42-2-5
 ET SEQ.).
(5) (a) A certificate filed under this section shall include a portion that allows the
person filing the form to voluntarily disclose the gender and race of one or more owners of the
entity for which the filing is made.
(b) Race shall be indicated under Subsection (5)(a) by selecting from the categories of
race listed in 15 U.S.C. Sec. 631(f).
(c) A person is not required to provide information under Subsection (5)(a) concerning
the 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 information
concerning the gender or race included on certificates filed with the Division of Corporations
and Commercial Code.
(ii) Information compiled by the Division of Corporations and Commercial Code under
Subsection (5)(d)(i) may be compiled in a manner determined by the Division of Corporations
and Commercial Code by rules made pursuant to Title 63G, Chapter 3, Utah Administrative
Rulemaking Act.
(6) A person who carries on, conducts, or transacts business in this state under an
assumed name, whether that business is carried on, conducted, or transacted as an individual,
association, partnership, corporation, or otherwise, may change its registered agent or the
address of its registered agent by filing with the division a statement of change in accordance
with Section 
16-17-206
.