State Codes and Statutes
Statutes > Utah > Title-16 > Chapter-06a > 16-6a-160916-6a-1609. Interrogatories by division.
(1) (a) The division may give interrogatories reasonably necessary to ascertain whether anonprofit corporation has complied with the provisions of this chapter applicable to the nonprofitcorporation to:
(i) any domestic or foreign nonprofit corporation subject to the provisions of this chapter;and
(ii) to any officer or director of a nonprofit corporation described in Subsection (1)(a)(i).
(b) The interrogatories described in this Subsection (1) shall be answered within:
(i) 30 days after the mailing of the interrogatories; or
(ii) additional time as fixed by the division.
(c) The answers to the interrogatories shall be:
(i) full and complete; and
(ii) made in writing.
(d) (i) If the interrogatories are directed to an individual, the interrogatories shall beanswered by the individual.
(ii) If directed to a nonprofit corporation, the interrogatories shall be answered by:
(A) the chair of the board of directors of the nonprofit corporation;
(B) all of the nonprofit corporation's directors;
(C) one of the nonprofit corporation's officers; or
(D) any other person authorized to answer the interrogatories as the nonprofitcorporation's agent.
(e) (i) The division need not file any document to which the interrogatories relate until theinterrogatories are answered as provided in this section.
(ii) Notwithstanding Subsection (1)(e)(i), the division need not file a document to whichthe interrogatory relates if the answers to the interrogatory disclose that the document is not inconformity with the provisions of this chapter.
(f) The division shall certify to the attorney general, for such action as the attorneygeneral considers appropriate, all interrogatories and answers to interrogatories that disclose aviolation of this chapter.
(2) (a) Interrogatories given by the division under Subsection (1), and the answers tointerrogatories, may not be open to public inspection.
(b) The division may not disclose any facts or information obtained from theinterrogatories or answers to the interrogatories, except:
(i) as the official duties of the division may require the facts or information to be madepublic; or
(ii) in the event the interrogatories or the answers to the interrogatories are required forevidence in any criminal proceedings or in any other action by this state.
(3) Each domestic or foreign nonprofit corporation that knowingly fails or refuses toanswer truthfully and fully, within the time prescribed by Subsection (1), interrogatories given tothe domestic or foreign nonprofit corporation by the division in accordance with Subsection (1) isguilty of a class C misdemeanor and, upon conviction, shall be punished by a fine of not morethan $500.
(4) Each officer and director of a domestic or foreign nonprofit corporation whoknowingly fails or refuses to answer truthfully and fully, within the time prescribed by Subsection(1), interrogatories given to the officer or director by the division in accordance with Subsection
(1) is guilty of a class B misdemeanor and, upon conviction, shall be punished by a fine of notmore than $1,000.
(5) The attorney general may enforce this section in an action brought in:
(a) the district court of the county in this state where the nonprofit corporation's principaloffice or registered office is located; or
(b) if the nonprofit corporation has no principal or registered office in this state, in thedistrict court in and for Salt Lake County.
Amended by Chapter 197, 2002 General Session
