2006 Utah Code - 48-2c-203 — Annual report.

     48-2c-203.   Annual report.
     (1) (a) Each company and each foreign company authorized to transact business in this state shall file an annual report with the division:
     (i) during the month of its anniversary date of formation, in the case of domestic companies; or
     (ii) during the month of the anniversary date of being granted authority to transact business in this state, in the case of foreign companies authorized to transact business in this state.
     (b) The annual report required by Subsection (1)(a) shall set forth:
     (i) the name of the company;
     (ii) the state or country under the laws of which it is formed; and
     (iii) any change in:
     (A) for a domestic company only, the street address of its designated office;
     (B) for a foreign company only, the street address of its principal office;
     (C) the street address of its registered office in this state;
     (D) the name of the agent for service of process at the address listed in Subsection (1)(b)(iii)(C);
     (E) if the street address or legal name of any manager in a manager-managed company, any member in a member-managed company, or any person with management authority of a foreign company has changed, the new street address or legal name of the manager, member, or other person; and
     (F) the identity of the persons constituting the managers in a manager-managed company or members in a member-managed company or other person with management authority of a foreign company.
     (2) (a) The annual report required by Subsection (1) shall:
     (i) be made on forms prescribed and furnished by the division; and
     (ii) contain information that is given as of the date of signing the annual report.
     (b) The annual report forms shall include a statement notifying the company that failure to file the annual report will result in:
     (i) the dissolution of the company, in the case of a domestic company; or
     (ii) the revocation of authority to transact business in this state in the case of a foreign company.
     (3) The annual report shall be signed by:
     (a) (i) any manager in a manager-managed company;
     (ii) any member in a member-managed company; or
     (iii) any other person with management authority; and
     (b) if the registered agent has changed since the filing of the articles of organization or last annual report, by the new registered agent.
     (4) (a) If the annual report conforms to the requirements of this chapter, the division shall file the report.
     (b) If the annual report does not conform to the requirements of this chapter, the division shall mail the report, first class postage prepaid, to the registered agent of the company for any necessary corrections at the street address for the registered agent most recently furnished to the division by notice, annual report, or other document.
     (c) If the division returns an annual report in accordance with Subsection (4)(b), the

penalties for failure to file the report within the time prescribed in this section do not apply, as long as the annual report is corrected and returned to the division within 30 days from the date the nonconforming report was mailed to the registered agent of the company.

Amended by Chapter 141, 2005 General Session