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UTAH STATUTES AND CODES
16-16-111 - Name.
16-16-111. Name.
(1) Use of the term "cooperative" or its abbreviation under this chapter is not a violationof the provisions restricting the use of the term under any other law of this state.
(2) Notwithstanding Section 48-2a-102, the name of a limited cooperative associationshall contain the words "limited cooperative association" or "limited cooperative" or theabbreviation "L.C.A." or "LCA". "Limited" may be abbreviated as "Ltd.". "Cooperative" may beabbreviated as "Co-op" or "Coop". "Association" may be abbreviated as "Assoc." or "Assn.". Use of the term "cooperative" or its abbreviation as permitted by this chapter is not a violation ofthe provisions restricting the use of the term under any other law of this state. A limitedcooperative association or a member may enforce the restrictions on the use of the term"cooperative" under this chapter and any other law of this state. A limited cooperativeassociation or a member may enforce the restrictions on the use of the term "cooperative" underany other law of this state.
(3) Except as otherwise provided in Subsection (4), a limited cooperative associationmay use only a name that is available. A name is available if it is distinguishable in the recordsof the division from:
(a) the name of any entity organized or authorized to transact business in this state;
(b) a name reserved under Section 16-16-112; and
(c) an alternative name approved for a foreign cooperative authorized to transact businessin this state.
(4) A limited cooperative association may apply to the division for authorization to use aname that is not available. The division shall authorize use of the name if:
(a) the person with ownership rights to use the name consents in a record to the use andapplies in a form satisfactory to the division to change the name used or reserved to a name thatis distinguishable upon the records of the division from the name applied for; or
(b) the applicant delivers to the division a certified copy of the final judgment of a courtestablishing the applicant's right to use the name in this state.
(1) Use of the term "cooperative" or its abbreviation under this chapter is not a violationof the provisions restricting the use of the term under any other law of this state.
(2) Notwithstanding Section 48-2a-102, the name of a limited cooperative associationshall contain the words "limited cooperative association" or "limited cooperative" or theabbreviation "L.C.A." or "LCA". "Limited" may be abbreviated as "Ltd.". "Cooperative" may beabbreviated as "Co-op" or "Coop". "Association" may be abbreviated as "Assoc." or "Assn.". Use of the term "cooperative" or its abbreviation as permitted by this chapter is not a violation ofthe provisions restricting the use of the term under any other law of this state. A limitedcooperative association or a member may enforce the restrictions on the use of the term"cooperative" under this chapter and any other law of this state. A limited cooperativeassociation or a member may enforce the restrictions on the use of the term "cooperative" underany other law of this state.
(3) Except as otherwise provided in Subsection (4), a limited cooperative associationmay use only a name that is available. A name is available if it is distinguishable in the recordsof the division from:
(a) the name of any entity organized or authorized to transact business in this state;
(b) a name reserved under Section 16-16-112; and
(c) an alternative name approved for a foreign cooperative authorized to transact businessin this state.
(4) A limited cooperative association may apply to the division for authorization to use aname that is not available. The division shall authorize use of the name if:
(a) the person with ownership rights to use the name consents in a record to the use andapplies in a form satisfactory to the division to change the name used or reserved to a name thatis distinguishable upon the records of the division from the name applied for; or
(b) the applicant delivers to the division a certified copy of the final judgment of a courtestablishing the applicant's right to use the name in this state.
Amended by Chapter 378, 2010 General Session
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