State Codes and Statutes
Statutes > Utah > Title-16 > Chapter-13 > 16-13-416-13-4. General powers of business development corporation.
In furtherance of the purposes of a development corporation, and in addition to thepowers conferred on corporations by Title 16, Chapter 10a, Utah Revised Business CorporationAct, such corporation, subject to the restrictions and limitations contained in this act, shall havethe following powers:
(1) To borrow money from lenders, and otherwise incur indebtedness for any of itspurposes; to issue its bonds, debentures, notes, or other evidences of indebtedness whethersecured or unsecured therefor; and to secure the same by mortgage, pledge, deed of trust, or otherlien on its property, franchises, rights and privileges of every kind and nature or any part thereof.
(2) To lend money to, and to guarantee, indorse, or act as surety on the bonds, notes,contracts, or other obligations of, or otherwise assist financially, any person, firm, corporation, orassociation, and to establish and regulate the terms and conditions with respect to any such loansor financial assistance and the charges for interest and service connected therewith; provided,however, that the corporation may not approve any application for a loan unless and until theapplicant shall have shown that the applicant has applied for the loan through ordinary financialchannels and that the loan has been refused by at least one financial institution doing business inthis state and, in the ordinary course of its business, granting loans similar in amount and kind tothe requested loan.
(3) To purchase, receive, hold, lease, or otherwise acquire, and to sell, convey, mortgage,lease, pledge, or otherwise dispose of, upon such terms and conditions as its board of directorsmay deem advisable, real and personal property, together with such rights and privileges as maybe incidental and appurtenant thereto and the use thereof, including, but not restricted to, any realor personal property acquired by such corporation from time to time in the satisfaction of debts orenforcement of obligations.
(4) To acquire the good will, business, rights, real and personal property, and otherassets, or any part thereof, of such persons, firms, corporations, joint stock companies,associations, or trusts as may be in furtherance of the corporate purposes provided herein, and toassume, undertake, guarantee, or pay the obligations, debts, and liabilities of any such person,firm, corporation, joint stock company, association, or trust; to acquire improved or unimprovedreal estate for the purpose of constructing industrial plants or other business establishmentsthereon or for the purpose of disposing of such real estate to others for the construction ofindustrial plants or other business establishments, and, in furtherance of the corporate purposes,to acquire, construct, or reconstruct, alter, repair, maintain, operate, sell, lease, or otherwisedispose of industrial plants or business establishments.
(5) To acquire, subscribe for, own, hold, sell, assign, transfer, mortgage, pledge, orotherwise dispose of the stock, shares, bonds, debentures, notes, or other securities and evidencesof interest in, or indebtedness of, any person, firm, corporation, joint stock company, association,or trust, and while the owner or holder thereof, to exercise all the rights, powers, and privilegesof ownership, including the right to vote thereon, but nothing herein provided shall authorize theholding of securities of or otherwise engaging directly or indirectly in a business where suchholding of securities or engaging in business is not authorized for corporations by general law.
(6) To cooperate with and avail itself of the facilities of state departments and othergovernment agencies; and to cooperate with and assist, and otherwise encourage, localorganizations in the various communities in the state in the promotion, assistance, anddevelopment of the business prosperity and economic welfare of such communities and of the
state.
Amended by Chapter 218, 2010 General Session
Amended by Chapter 378, 2010 General Session
