Section 16-6a-105 - Filing requirements(1) To be entitled to filing by the division, a document shall satisfy the requirements of: (b) any other section of this chapter that adds to or varies the requirements of this section.(2) This chapter shall require or permit filing the document with the division.(3)(a) A document shall contain the information required by this chapter.(b) In addition to the document information required by this chapter, a document may contain other information.(5)(a) A document shall be in the English language.(b) A corporate name need not be in English if written in:(ii) Arabic or Roman numerals.(c) Notwithstanding Subsection (5)(a), a certificate of existence required of a foreign nonprofit corporation need not be in English if accompanied by a reasonably authenticated English translation.(6)(a) A document shall be:(i) executed by a person in Subsection (6)(b); or(ii) a true copy made by photographic, xerographic, electronic, or other process that provides similar copy accuracy of a document that has been executed by a person listed in Subsection (6)(b).(b) A document shall be executed by: (i) the chair of the board of directors of a domestic or foreign nonprofit corporation;(ii) all of the directors of a domestic or foreign nonprofit corporation;(iii) an officer of the domestic or foreign nonprofit corporation;(iv) if directors have not been selected or the domestic or foreign nonprofit corporation has not been formed, an incorporator;(v) if the domestic or foreign nonprofit corporation is in the hands of a receiver, trustee, or other court-appointed fiduciary, that receiver, trustee, or court-appointed fiduciary;(vi) if the document is that of a registered agent: (A) the registered agent, if the person is an individual; or(B) a person authorized by the registered agent to execute the document, if the registered agent is an entity; or(vii) an attorney in fact if a nonprofit corporation retains the power of attorney with the nonprofit corporation's records.(7) A document shall state beneath or opposite the signature of the person executing the document: (a) the signer's name; and(b) the capacity in which the document is signed.(8) A document may contain: (b) an attestation by the secretary or an assistant secretary; or(c) an acknowledgment, verification, or proof.(9) The signature of each person signing a document, whether or not the document contains an acknowledgment, verification, or proof permitted by Subsection (8), constitutes the affirmation or acknowledgment of the person, under penalties of perjury, that: (a) the document is: (i) the person's act and deed; or(ii) the act and deed of the entity on behalf of which the document is executed; and(b) the facts stated in the document are true.(10) If the division has prescribed a mandatory form or cover sheet for the document under Section 16-6a-106, a document shall be: (a) in or on the prescribed form; or(b) have the required cover sheet.(11) A document shall be: (a) delivered to the division for filing; and(b) accompanied by: (i) one exact or conformed copy, except as provided in Section 16-6a-1510;(ii) the correct filing fee; and(iii) any franchise tax, license fee, or penalty required by this chapter or other law.(12) Except with respect to a filing pursuant to Section 16-6a-1510, a document shall state, or be accompanied by a writing stating, the address to which the division may send a copy upon completion of the filing.Amended by Chapter 364, 2008 General Session.