16-6a-109. Correcting filed documents

(1) A domestic or foreign nonprofit corporation may correct a document filed with the division if the document:
     (a) contains an incorrect statement; or
     (b) was defectively executed, attested, sealed, verified, or acknowledged.

(2) A document is corrected by delivering to the division for filing articles of correction that:
     (a) (i) describe the document, including its filing date; or
            (ii) have attached a copy of the document;
     (b) specify:
            (i) (A) the incorrect statement; and
                  (B) the reason it is incorrect; or
            (ii) the manner in which the execution, attestation, sealing, verification, or acknowledgment was defective; and
     (c) correct:
            (i) the incorrect statement; or
            (ii) defective execution, attestation, sealing, verification, or acknowledgment.

(3) Articles of correction may be executed by any person:
     (a) designated in Subsection 16-6a-105(6); or
     (b) who executed the document that is corrected.

(4) (a) Articles of correction are effective on the effective date of the document they correct except as to a person:
            (i) relying on the uncorrected document; and
            (ii) adversely affected by the correction.
     (b) As to a person described in Subsection (4)(a), the articles of correction are effective when filed. 

Enacted by Chapter 300, 2000 General Session


Print   Email