<section number="42-2-5"><effdate>5/12/2015</effdate><enddate type="RP">10/1/2026</enddate><catchline>Certificate of assumed and of true name -- Contents -- Execution -- Filing -- Notice.</catchline><subsection number="42-2-5(1)">
For purposes of this section, "filed" means the Division of Corporations and Commercial Code has:
<subsection number="42-2-5(1)(a)">
received and approved, as to form, a document submitted under this chapter; and</subsection><subsection number="42-2-5(1)(b)">
marked on the face of the document a stamp or seal indicating:<subsection number="42-2-5(1)(b)(i)">
the time of day and date of approval;</subsection><subsection number="42-2-5(1)(b)(ii)">
the name of the division; and</subsection><subsection number="42-2-5(1)(b)(iii)">
the division director's signature and division seal, or facsimiles of the signature or seal.</subsection></subsection></subsection><subsection number="42-2-5(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:
<subsection number="42-2-5(2)(a)">
file with the Division of Corporations and Commercial Code a certificate setting forth:<subsection number="42-2-5(2)(a)(i)">
the name under which the business is, or is to be carried on, conducted, or transacted;</subsection><subsection number="42-2-5(2)(a)(ii)">
the full true name, or names, of the person owning, and the person carrying on, conducting, or transacting the business; and</subsection><subsection number="42-2-5(2)(a)(iii)">
the location of the principal place of business, and the street address of the person; and</subsection></subsection><subsection number="42-2-5(2)(b)">
designate, in accordance with Subsection <xref depth="4" refnumber="16-17-203(1)" start="0">16-17-203(1)</xref>, and maintain a registered agent in this state.</subsection></subsection><subsection number="42-2-5(3)">
A certificate filed under this section shall be:
<subsection number="42-2-5(3)(a)">
executed by the person owning, and the person carrying on, conducting, or transacting the business;</subsection><subsection number="42-2-5(3)(b)">
filed not later than 30 days after the time of commencing to carry on, conduct, or transact the business; and</subsection><subsection number="42-2-5(3)(c)">
submitted in a machine printed format.</subsection></subsection><subsection number="42-2-5(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:<eol/><tab/>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 <xref depth="3" refnumber="42-2-5" start="0">42-2-5</xref> ET SEQ.).</subsection><subsection number="42-2-5(5)"><subsection number="42-2-5(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.</subsection><subsection number="42-2-5(5)(b)">
Race shall be indicated under Subsection <xref depth="4" refnumber="42-2-5(5)(a)" start="0">(5)(a)</xref> by selecting from the categories of race listed in 15 U.S.C. Sec. 631(f).</subsection><subsection number="42-2-5(5)(c)">
A person is not required to provide information under Subsection <xref depth="4" refnumber="42-2-5(5)(a)" start="0">(5)(a)</xref> concerning the gender or race of one or more owners of the entity for which the filing is made.</subsection><subsection number="42-2-5(5)(d)"><subsection number="42-2-5(5)(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.</subsection><subsection number="42-2-5(5)(d)(ii)">
Information compiled by the Division of Corporations and Commercial Code under Subsection <xref depth="4" refnumber="42-2-5(5)(d)(i)" start="0">(5)(d)(i)</xref> may be compiled in a manner determined by the Division of Corporations and Commercial Code by rules made pursuant to <xref depth="1" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>.</subsection></subsection></subsection><subsection number="42-2-5(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 <xref depth="3" refnumber="16-17-206" start="0">16-17-206</xref>.</subsection></section>