16-6a-1701. Application to existing domestic nonprofit corporations -- Reports of domestic and foreign nonprofit corporation

(1) Except as otherwise provided in Section 16-6a-1704, this chapter applies to domestic nonprofit corporations as follows:
      (a) domestic nonprofit corporations in existence on April 30, 2001, that were incorporated under any general statute of this state providing for incorporation of nonprofit corporations, including all nonprofit corporations organized under any former provisions of Title 16, Chapter 6;
      (b) mutual irrigation, canal, ditch, reservoir, and water companies and water users' associations organized and existing under the laws of this state on April 30, 2001;
      (c) corporations organized under the provisions of Title 16, Chapter 7, Corporations Sole, for purposes of applying all provisions relating to merger or consolidation; and
      (d) to actions taken by the directors, officers, and members of the entities described in Subsections (1)(a), (b), and (c) after April 30, 2001.

(2) Domestic nonprofit corporations to which this chapter applies, that are organized and existing under the laws of this state on April 30, 2001:
      (a) shall continue in existence with all the rights and privileges applicable to nonprofit corporations organized under this chapter; and
      (b) from April 30, 2001 shall have all the rights and privileges and shall be subject to all the remedies, restrictions, liabilities, and duties prescribed in this chapter except as otherwise specifically provided in this chapter.

(3) Every existing domestic nonprofit corporation and foreign nonprofit corporation qualified to conduct affairs in this state on April 30, 2001 shall file an annual report with the division setting forth the information prescribed by Section 16-6a-1607. The annual report shall be filed at such time as would have been required had this chapter not taken effect and shall be filed annually thereafter as required in Section 16-6a-1607


Enacted 2000, ch. 300.  Amended 2014, ch. 189, eff. May 13, 2014; 2015, ch. 258, eff. May 12, 2015.


Print   Email

Questions and Answers

Have questions about a statute? Ask it and an experienced Utah HOA attorney will answer it, plus see all the previous questions and answers.

Only members may post and view questions and answers. Join us by subscribing today!

Key Concepts explained

The index is the main hub of the site, where key concepts are explained

The 6 resolutions & 5 forms every HOA should have

Procedures required by law, updated as the laws change yearly, so your HOA is always in compliance. Plus other policy resolutions
*Prudent-Legal plan only

Step-by-Step Guides

Guides to walk board through owner requests for: records, assistance animal (disability), satellite dish, solar device. Avoid violating federal and Utah law!
Guides to walk a homeowner through making request for records and to keep an assistance animal for a person with a disability.

2 Hours Attorney Time

Counsel from a Utah HOA specialist attorney
*Prudent-Legal plan only

Q & A

Have questions about a statute? Ask it and an experienced HOA attorney will answer it. Plus, see all the other Q & A.

Legal Updates

Stay informed! Get updates of new HOA laws with explanations of how they affect your community and what to do to comply and minimize risk.

Tools to help you understand the law

Key words defined in hovercards, powerful search, comments, footnotes, tags, explanations and case law summaries

Plus more!