Utah State Business Laws
- Utah business laws govern small businesses and large corporations.Utah state contour with Capital City against blurred USA flag image by Stasys Eidiejus from Fotolia.com
Whether you are a sole proprietor or a shareholder in a corporation, your rights and interests will be governed by Utah law. These statutes mandate criminal penalties for individuals who engage in deceptive business practices and they regulate antitrust behavior on the part of corporations. The laws require you give notice to others of your interest in real property and that you inform the state when you form a corporation. - Business people must familiarize themselves with the UCC.pile of books image by Melinda Nagy from Fotolia.com
The sales of goods and secured interests in property are governed by the Uniform Commercial Code (UCC) in Utah. These model laws have been incorporated into state law by many states to promote commerce. They regulate areas such as contracts, protection of collateral and financing statements.
Under the UCC when a creditor holds collateral he must make a reasonable effort to protect the property. But the debtor must pay for insurance for the goods. If the goods are damaged in an accident and the debtor does not have sufficient insurance, the debtor must pay the cost of replacement or repair.
Financing statements are filed to give notice that a party has a secured interest in real property. The financing statement must include the name of the debtor, the name of the secured party and describe the property covered by the agreement. - In Utah corporate shares are regulated by the Utah Revised Business Corporation Act.stock shares image by Bruce Shippee from Fotolia.com
The Utah Revised Business Corporation Act governs many aspects of corporate entities in Utah. All business incorporated in Utah must file their articles of incorporation with the state. The articles must explain the reason the corporation was created, give a name for the entity, state the number of shares that the corporation has the authority to issue, provide information on the different types of shares and state the names and addresses of the incorporators.
If there are two types of shares, one type must give the shareholder voting rights. Other share types may give a limited voting right or no right to vote in corporate business. These non-voting shares include the right to the assets of the corporation when it is dissolved. - Rolling back the odomter can result in a prison sentence.Speedometer image by Sirena Designs from Fotolia.com
Business practices intended to deceive the consumer such as false advertising and rolling the back the odometer of a car are illegal in Utah. The state and the private citizen have the right to sue businesses engaging in deceptive practices. The court can issue an injunction prohibiting the activity and issue fines. Individuals who tamper with odometers can be charged with a misdemeanor or felony resulting in incarceration. - Price fixing violates antitrust law.e-85 prices 1 image by Jim Parkin from Fotolia.com
By the late nineteenth century agreements between businesses that stifled competition and drove up prices were harming business owners and consumers. Congress responded with the Sherman Antitrust Act of 1890. The Utah Antitrust Act governs antitrust violations. The state and private citizens can bring suit against a business. The suit must be filed within four years and the court can require the corporation to pay attorneys' fees and the cost of litigation to the plaintiff.
Uniform Commercial Code
Utah Revised Business Corporation Act
Trade Practices That Deceive Consumers
Antitrust Law
Source...