Utah Code § 31A-5-209

Termination and revocation of organization permit and payment of organization
Open in Lexace · Ask the AI about this section
expenses.
(1) The organization permit terminates upon:
(a) issuance of a certificate of authority under Section 31A-5-212;
(b) revocation of the organization permit under Subsection (2); or
(c) expiration of one year after issuance, except that:
(i) filing with the commissioner a good-faith application for a certificate of authority tolls the
running of the expiration period for 30 days or until the commissioner rejects the application,
whichever is earlier; and
(ii) on application before expiration of the year the commissioner may grant a reasonable
extension if the commissioner states that the commissioner expects the corporation to be
able to satisfy the requirements for a certificate of authority within the extended period.
(2) The commissioner may revoke an organization permit if:
(a) he finds, after a hearing, that because of changes in circumstances, or because the facts are
not as represented in the application, the conditions for issuance of a permit are not satisfied;
or

(b) he denies an application for a certificate of authority and finds that the corporation cannot
reasonably be expected to satisfy the requirements for a certificate of authority within the
remaining term of the organization permit or extension allowable under Subsection (1)(c).
(3)
(a) Except in cases under Subsections (3)(b) and (3)(c), if the organization permit is revoked
or expires before a certificate of authority is granted, after payment of the expenses of
the state and payments to creditors under Section 31A-5-205, incorporators who have
advanced money for the reasonable and authorized expenses of organization, including
underwriting expenses, may be reimbursed in cash from the proceeds of share, mutual bond,
or contribution note subscriptions under the organization permit, on itemized receipts audited
by the commissioner. The total reimbursement may not exceed 5% of the amount received
from subscribers. The remainder in the escrow account shall then be distributed among the
subscribers in proportion to their contributions, valued as of the time the contributions were
made. The bond under Section 31A-5-205 shall be discharged or the deposits under Section

‹ Prev All Utah sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.