16-1a-207. Duty of division to file -- Review of refusal to file.
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Effective 10/1/2026
16-1a-207. Duty of division to file -- Review of refusal to file.
(1)The division shall file an entity filing delivered to the division for filing in accordance with this chapter.
(2)The duty of the division described in Subsection
(1)is ministerial.
(3)When the division files an entity filing, the division shall record the entity filing as filed on the date and time the division files the entity filing.
(4)After filing an entity filing, the division shall deliver to the person making the entity filing a copy of the entity filing with an acknowledgment of the date and time of the filing.
(5)If the division refuses to file an entity filing:
(a)no later than 15 business days after the day on which the person making the entity filing delivers the entity filing to the division, the division shall:
(i)return the entity filing to the person or notify the person of the refusal; and
(ii)provide a brief explanation of the division's reason for refusing to file the entity filing; and
(b)the person making the entity filing may within a time period the division specifies that may not exceed 30 days from the day on which the division provides notice under Subsection (5)(a) amend the entity filing for the division to reexamine the entity filing.
(6)If the division refuses to file an entity filing after a reexamination completed in accordance with Subsection (5)(b) , the person making the entity filing may appeal the division's final refusal in accordance with Title 63G, Chapter 4, Administrative Procedures Act.
(7)The filing or refusal to file an entity filing does not:
(a)affect the validity or invalidity of the entity filing in whole or in part; or
(b)create a presumption that the information contained in the entity filing is correct or incorrect.
(8)A certification from the division accompanying a copy of a filed record is conclusive evidence that the copy is an accurate representation of the original record on file with the division.
Enacted by Chapter 93 , 2026 General Session