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First Substitute S.B. 165
Senator Lyle W. Hillyard proposes the following substitute bill:
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CORPORATIONS - PROFESSIONAL
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SERVICES AMENDMENT
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2006 GENERAL SESSION
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STATE OF UTAH
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Chief Sponsor: Lyle W. Hillyard
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House Sponsor:
Ross I. Romero
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LONG TITLE
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General Description:
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This bill amends Title 16, Chapter 11, Professional Corporation Act, to include service
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provided by a landscape architect as a professional service.
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Highlighted Provisions:
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This bill:
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. amends Title 16, Chapter 11, Professional Corporation Act, to include service
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provided by a landscape architect as a professional service;
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. clarifies what address incorporators must use in articles of incorporation; and
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. makes technical changes.
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Monies Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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16-11-2, as last amended by Chapter 280, Laws of Utah 2004
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16-11-4, as last amended by Chapter 6, Laws of Utah 1992, Third Special Session
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
16-11-2
is amended to read:
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16-11-2. Definitions.
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As used in this chapter:
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(1) "Filed" means the division has received and approved, as to form, a document
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submitted under the provisions of this chapter, and has marked on the face of the document a
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stamp or seal indicating the time of day and date of approval, the name of the division, the
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division director's signature and division seal, or facsimiles of the signature or seal.
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(2) "Professional corporation" means a corporation organized under this chapter.
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(3) "Professional service" means the personal service rendered by:
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(a) a physician, surgeon, or doctor of medicine holding a license under Title 58,
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Chapter 67, Utah Medical Practice Act, and any subsequent laws regulating the practice of
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medicine;
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(b) a doctor of dentistry holding a license under Title 58, Chapter 69, Dentist and
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Dental Hygienist Practice Act, and any subsequent laws regulating the practice of dentistry;
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(c) an osteopathic physician or surgeon holding a license under Title 58, Chapter 68,
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Utah Osteopathic Medical Practice Act, and any subsequent laws regulating the practice of
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osteopathy;
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(d) a chiropractor holding a license under Title 58, Chapter 73, Chiropractic Physician
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Practice Act, and any subsequent laws regulating the practice of chiropractic;
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(e) a podiatric physician holding a license under Title 58, Chapter 5a, Podiatric
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Physician Licensing Act, and any subsequent laws regulating the practice of podiatry;
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(f) an optometrist holding a license under Title 58, Chapter 16a, Utah Optometry
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Practice Act, and any subsequent laws regulating the practice of optometry;
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(g) a veterinarian holding a license under Title 58, Chapter 28, Veterinary Practice Act,
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and any subsequent laws regulating the practice of veterinary medicine;
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(h) an architect holding a license under Title 58, Chapter 3a, Architects Licensing Act,
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and any subsequent laws regulating the practice of architecture;
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(i) a public accountant holding a license under Title 58, Chapter 26a, Certified Public
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Accountant Licensing Act, and any subsequent laws regulating the practice of public
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accounting;
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(j) a naturopath holding a license under Title 58, Chapter 71, Naturopathic Physician
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Practice Act, and any subsequent laws regulating the practice of naturopathy;
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(k) a pharmacist holding a license under Title 58, Chapter 17b, Pharmacy Practice Act,
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and any subsequent laws regulating the practice of pharmacy;
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(l) an attorney granted the authority to practice law by:
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(i) the Utah Supreme Court; or
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(ii) the Supreme Court, other court, agency, instrumentality, or regulating board that
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licenses or regulates the authority to practice law in any state or territory of the United States
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other than Utah;
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(m) a professional engineer registered under Title 58, Chapter 22, Professional
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Engineers and Professional Land [Surveyor] Surveyors Licensing Act;
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(n) a real estate broker or real estate agent holding a license under Title 61, Chapter 2,
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Division of Real Estate, and any subsequent laws regulating the selling, exchanging,
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purchasing, renting, or leasing of real estate;
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(o) a psychologist holding a license under Title 58, Chapter 61, Psychologist Licensing
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Act, and any subsequent laws regulating the practice of psychology;
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(p) a clinical or certified social worker holding a license under Title 58, Chapter 60,
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Part 2, Social Worker Licensing Act, and any subsequent laws regulating the practice of social
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work;
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(q) a physical therapist holding a license under Title 58, Chapter 24a, Physical
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Therapist Practice Act, and any subsequent laws regulating the practice of physical therapy;
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[or]
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(r) a nurse licensed under Title 58, Chapter 31b, Nurse Practice Act, or Title 58,
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Chapter 44a, Nurse Midwife Practice Act[.]; or
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(s) a landscape architect licensed under Title 58, Chapter 53, Landscape Architects
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Licensing Act, and any subsequent laws regulating landscape architects.
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(4) "Regulating board" means the board that is charged with the licensing and
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regulation of the practice of the profession which the professional corporation is organized to
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render. The definitions of Title 16, Chapter 10a, Utah Revised Business Corporation Act,
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apply to this chapter unless the context clearly indicates that a different meaning is intended.
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Section 2.
Section
16-11-4
is amended to read:
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16-11-4. Incorporators -- Articles of incorporation.
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(1) One or more individuals, each of whom is licensed to render a professional service,
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may incorporate a professional corporation by filing articles of incorporation with the Division
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of Corporations and Commercial Code. [Such articles]
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(2) Articles of incorporation under Subsection (1) shall meet the requirements of Title
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16, Chapter 10a, Utah Revised Business Corporation Act, and in addition thereto contain the
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following:
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[(1)] (a) the profession to be practiced through the professional corporation;
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[(2)] (b) the names and [residence] street or mailing addresses of all of the original
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shareholders, directors, and officers of the professional corporation; and
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[(3)] (c) the number of shareholder members of the board of directors may be less than
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the number of shareholders, except if a corporation has only one shareholder, the board may
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consist of that shareholder.
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