Utah Code § 16-15-101 Title.
16-15-101. Title.
This act is known as the "Utah Business Trust Registration Act."
Enacted by Chapter 310, 1995 General Session
Utah Business Trust Registration Act
Utah Code tit. 16, ch. 16-15
in effectUtah Code § 16-15-102 Definition of business trust.
16-15-102. Definition of business trust.
As used in this chapter:
(1) "Beneficiary" means a person holding a certificate representing a beneficial interest in the trust estate and assets.
(2) "Business trust" means the same as that term is defined in Section 7-5-101.
(3) "Division" means the Division of Corporations and Commercial Code.
(4) "Person" means an individual, general partnership, limited liability partnership, limited partnership, limited liability company, limited association, domestic or foreign trust, estate, association, or corporation.
Amended by Chapter 112, 2026 General Session
Utah Code § 16-15-104 Registration required -- Certificate of registration.
16-15-104. Registration required -- Certificate of registration.
(1) A business trust shall register with the division before doing business in the state.
(2) The certificate of registration of a business trust shall set forth:
(a) the name of the business trust;
(b) the period of its duration;
(c) the business purpose for which the business trust is organized;
(d) the information required by Section 16-1a-404; and
(e) the name, signature, and street address of all trustees of the business trust.
Amended by Chapter 92, 2026 General Session
Utah Code § 16-15-106 Powers.
16-15-106. Powers.
(1) A business trust registered under this chapter may in its trust name:
(a) sue;
(b) subject to the limitations in the declaration of trust, acquire title, lease, mortgage, convey or otherwise deal with real and personal property, or any interest in real and personal property.
(2)
(a) A business trust may not maintain any action, suit, or proceeding in this state unless the business trust is registered under this chapter.
(b) A business trust may be sued whether or not the business trust is registered under this chapter.
Enacted by Chapter 310, 1995 General Session
Utah Code § 16-15-107 Expiration of filing -- Notice.
16-15-107. Expiration of filing -- Notice.
(1) A filing under this chapter shall be effective for a period of three years from the date of filing plus the notice period provided in Subsection (2).
(2)
(a) If no new filing is made by or on behalf of the trust who made the original filing within three years of the date of filing, the division shall send a notice by regular mail, postage prepaid, to the address shown for the registered office in the filing indicating that it will expire 30 days after the division mailed the notice.
(b) If no new filing is made within 30 days after the date of the division mailing the notice, the business trust's registration expires.
(3) If the registration of a business trust has expired or has been canceled for failure to maintain a registered agent, the business trust may not conduct business in this state until it has newly registered with the division under this chapter.
(4) The division may charge a fee in accordance with Section 63J-1-504 for the renewal of a registration.
Amended by Chapter 183, 2009 General Session
Utah Code § 16-15-108 When amendments are required.
16-15-108. When amendments are required.
(1) An amended certificate shall be filed with the division not later than 30 days after any change in:
(a) any person acting as a trustee of the trust, or the address of any trustee;
(b) the registered agent of the trust;
(c) the registered office of the business trust; or
(d) in any information required to be filed with the division under this chapter.
(2) The amended certificate shall be signed by each trustee of the business trust and filed in the same manner as an entity filing under Section 16-1a-202.
(3) The division may charge a fee in accordance with Section 63J-1-504 for amending a certificate of registration.
Amended by Chapter 92, 2026 General Session
Utah Code § 16-15-110 Trustee and beneficiary governed by declaration of trust -- Common law.
16-15-110. Trustee and beneficiary governed by declaration of trust -- Common law.
(1) A trustee or beneficiary of a business trust shall be governed by all the provisions of the declaration of trust of the business trust.
(2) This chapter neither affects nor alters in any way the rights, powers, and obligations, of a trustee or beneficiary of a business trust under common law.
Enacted by Chapter 310, 1995 General Session
Utah Code § 16-15-111 Provisions Applicable to All Business Entities applicable.
16-15-111. Provisions Applicable to All Business Entities applicable.
Chapter 1a, Provisions Applicable to All Business Entities, applies to the provisions of this chapter.
Enacted by Chapter 93, 2026 General Session
Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title16/Chapter15/16-15.html?v=C16-15_1800010118000101Fetched: 10/26/2026