§ 16-6a-109 — Correcting filed documents.

(1) A domestic or foreign nonprofit corporation may correct a document filed with the division if the document:

(1)(a) contains an incorrect statement; or
(1)(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:

(2)(a) (2)(a)(i) describe the document, including its filing date; or
(2)(a)(ii) have attached a copy of the document;
(2)(b) specify:
(2)(b)(i) (2)(b)(i)(A) the incorrect statement; and
(2)(b)(i)(B) the reason it is incorrect; or
(2)(b)(ii) the manner in which the execution, attestation, sealing, verification, or acknowledgment was defective; and
(2)(c) correct:
(2)(c)(i) the incorrect statement; or
(2)(c)(ii) defective execution, attestation, sealing, verification, or acknowledgment.
(3) Articles of correction may be executed by any person:

(3)(a) designated in Subsection 16-6a-105(6); or
(3)(b) who executed the document that is corrected.
(4) (4)(a) Articles of correction are effective on the effective date of the document they correct except as to a person:
(4)(a)(i) relying on the uncorrected document; and
(4)(a)(ii) adversely affected by the correction.
(4)(b) As to a person described in Subsection (4)(a), the articles of correction are effective when filed.

Legislative History

Enacted by Chapter 300, 2000 General Session