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

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

(a) contains an incorrect statement; or

(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:

(a)

(i) describe the document, including its filing date; or

(ii) have attached a copy of the document;

(b) specify:

(i)

(A) the incorrect statement; and

(B) the reason it is incorrect; or

(ii) the manner in which the execution, attestation, sealing, verification, or acknowledgment was defective; and

(c) correct:

(i) the incorrect statement; or

(ii) defective execution, attestation, sealing, verification, or acknowledgment.

(3) Articles of correction may be executed by any person:

(a) designated in Subsection 16-6a-105(6); or

(b) who executed the document that is corrected.

(4)

(a) Articles of correction are effective on the effective date of the document they correct except as to a person:

(i) relying on the uncorrected document; and

(ii) adversely affected by the correction.

(b) As to a person described in Subsection (4)(a), the articles of correction are effective when filed.

Enacted by Chapter 300, 2000 General Session