§ 48-1d-117 — Liability for inaccurate information in filed record.

(1) If a record delivered to the division for filing under this chapter and filed by the division contains inaccurate information, a person that suffers loss by reliance on the information may recover damages for the loss from:

(1)(a) a person that signed the record, or caused another to sign it on the person's behalf, and knew the information to be inaccurate at the time the record was signed; and
(1)(b) a partner, if:
(1)(b)(i) the record was delivered for filing on behalf of the partnership; and
(1)(b)(ii) the partner had notice of the inaccuracy for a reasonably sufficient time before the information was relied upon so that, before the reliance, the partner reasonably could have:

(1)(b)(ii)(A) effected an amendment under Subsection 48-1d-1101(6);
(1)(b)(ii)(B) filed a petition under Section 48-1d-111; or
(1)(b)(ii)(C) delivered to the division for filing a statement of change under Section 16-17-206 or a statement of correction under Section 48-1d-115.
(2) An individual who signs a record authorized or required to be filed under this chapter affirms under penalty of perjury that the information stated in the record is accurate.

Legislative History

Enacted by Chapter 412, 2013 General Session