Utah Code § 25-6-401 Title.
25-6-401. Title.
This part is known as "Applicability and Construction."
Enacted by Chapter 204, 2017 General Session
Applicability and Construction
Utah Code tit. 25, ch. 25-6, pt. 25-6-P4
in effectUtah Code § 25-6-402 Governing law.
25-6-402. Governing law.
(1) In this section, the following rules determine the debtor's location:
(a) a debtor who is an individual is located at the individual's principal residence;
(b) a debtor that is an organization and has only one place of business is located at its place of business; and
(c) a debtor that is an organization and has more than one place of business is located at its chief executive office.
(2) A claim for relief in the nature of a claim for relief under this chapter is governed by the local law of the jurisdiction in which the debtor is located when the transfer is made or the obligation is incurred.
Enacted by Chapter 204, 2017 General Session
Utah Code § 25-6-403 Application to series organization.
25-6-403. Application to series organization.
(1) As used in this section:
(a) "Protected series" means an arrangement, however denominated, created by a series organization that, pursuant to the law under which the series organization is organized, has the characteristics described in Subsection (1)(b).
(b) "Series organization" means an organization that, pursuant to the law under which it is organized, has the following characteristics:
(i) the organic record of the organization provides for creation by the organization of one or more protected series, however denominated, with respect to specified property of the organization, and for records to be maintained for each protected series that identify the property of or associated with the protected series;
(ii) debt incurred or existing with respect to the activities of, or property of or associated with, a particular protected series is enforceable against the property of or associated with the protected series only, and not against the property of or associated with the organization or other protected series of the organization; and
(iii) debt incurred or existing with respect to the activities or property of the organization is enforceable against the property of the organization only, and not against the property of or associated with a protected series of the organization.
(2) A series organization and each protected series of the organization is a separate person for purposes of this chapter, even if for other purposes a protected series is not a person separate from the organization or other protected series of the organization.
Enacted by Chapter 204, 2017 General Session
Utah Code § 25-6-404 Legal principles applicable to chapter.
25-6-404. Legal principles applicable to chapter.
Unless displaced by this chapter, the principles of law and equity, including merchant law and the law relating to principal and agent, equitable subordination, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency, or other validating or invalidating cause, supplement this chapter's provisions.
Renumbered and Amended by Chapter 204, 2017 General Session
Utah Code § 25-6-405 Construction of chapter.
25-6-405. Construction of chapter.
This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
Renumbered and Amended by Chapter 204, 2017 General Session
Utah Code § 25-6-406 Applicability of chapter.
25-6-406. Applicability of chapter.
(1) This chapter applies when any transfer occurs after the effective date of this act.
(2) The amendments to this chapter that take effect on May 9, 2017:
(a) apply to a transfer made or obligation incurred on or after May 9, 2017;
(b) do not apply to a transfer made or obligation incurred before May 9, 2017; and
(c) do not apply to a right of action that has accrued before May 9, 2017.
(3) For purposes of Subsection (2), a transfer is made and an obligation is incurred at the time provided in Section 25-6-302.
Renumbered and Amended by Chapter 204, 2017 General Session
Utah Code § 25-6-407 Relation to Electronic Signatures in Global and National Commerce Act.
25-6-407. Relation to Electronic Signatures in Global and National Commerce Act.
This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Sec. 7003(b).
Enacted by Chapter 204, 2017 General Session
Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title25/Chapter6/25-6-P4.html?v=C25-6-P4_2017050920170509Fetched: 10/26/2026