Utah § 16-4-301 Enforcement of assessment.

Utah Statutes

§ 16-4-301 — Enforcement of assessment.

Utah § 16-4-301

Title 16Corporations

Ch. 16-4Share Assessment Act

Part 16-4-3Enforcement

This text of Utah § 16-4-301 (Enforcement of assessment.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 16-4-301 (2026).

Text

(1)Payment of a delinquent assessment may be enforced by a corporation in one or more of the following ways:

(1)(a) imposition of a late charge, penalty, or interest;

(1)(b) suspension of one or more benefits of share ownership, including the right to vote, to transfer shares, or to delivery of water in the case of a water company;

(1)(c) sale at public auction of the shares on which payment is delinquent; and

(1)(d) any other enforcement method specified in the corporation's articles of incorporation.

(2)In an enforcement action, the corporation may recover the delinquent assessment, any late charge, penalty, or interest, and all costs of collection, including attorney fees.

(3)(3)(a) The board of directors shall follow enforcement procedures:

(3)(a)(i) as set forth in the articles of

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(1) Payment of a delinquent assessment may be enforced by a corporation in one or more of the following ways:

(1)(a) imposition of a late charge, penalty, or interest;
(1)(b) suspension of one or more benefits of share ownership, including the right to vote, to transfer shares, or to delivery of water in the case of a water company;
(1)(c) sale at public auction of the shares on which payment is delinquent; and
(1)(d) any other enforcement method specified in the corporation's articles of incorporation.
(2) In an enforcement action, the corporation may recover the delinquent assessment, any late charge, penalty, or interest, and all costs of collection, including attorney fees.
(3) (3)(a) The board of directors shall follow enforcement procedures:
(3)(a)(i) as set forth in the articles of incorporation or bylaws; or
(3)(a)(ii) as determined by the board of directors in a manner consistent with the board of directors' fiduciary duty to shareholders.
(3)(b) If the board of directors determines to sell shares at public auction, the board shall follow the procedures required by Sections 16-4-302 through 16-4-312.