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  1. Overview: Utah State Constitutional Convention 1895 (2020 Edition)
  2. Full Record: Utah State Constitutional Convention 1895 (2020 Edition)
  3. Committee:The Convention
  4. Session: 1895-05-04 10:00:00
  5. Event type: CREATE_FROM

Utah State Constitutional Convention 1895 (2020 Edition)

Proceedings and Debates of the Convention Assembled to Adopt a Constitution for the State of Utah

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Session 7399: 1895-05-04 10:00:00

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Article on Corporations other than Municipal [Article XII]

(Showing state at moment e696564)
There are 0 proposed amendments related to this document on which decisions have not been taken.

ARTICLE XII [+e697993]

CORPORATIONS [+e697993]

Section 1. Corporations may be formed under general laws,[+e697993] but shall not be created by special acts. All laws relating to corporations may be altered, amended or repealed by the L[+e697993]l[-e697993]egislature,[+e697993] at any time,[-e697993] and all corporations doing business in this State,[+e697993] may, as to such business,[-e697993] be regulated, limited or restrained by law.

Sec.[+e697993]tion[-e697993] 2. All existing charters, franchises, special or exclusive privileges, under which an actual and bona [+e697993]-[-e697993]fide organization s[-e697993]has[+e697993]ll[-e697993] not have [-e697993]taken place, nor[+e697993]and[-e697993] business been commenced in good faith, at the time of the adoption of this Constitution, shall thereafter have no validity;[+e697993],[-e697993] and no corporation in existence at the time of the adoption of this C[+e697993]c[-e697993]onstitution shall have the benefit of future legislation without first filing in the office of the Secretary of State,[+e697993] an acceptance of the provisions of this Constitution.[-e697993]

Sec.[+e697993]tion[-e697993] 3. The Legislature shall not extend any franchise or charter, nor remit the forfeiture of any franchise or charter of any corporation now existing, or which shall hereafter exist under the laws of this State.

Sec.[+e697993]tion[-e697993] 4. The term "C[+e697993]“c[-e697993]orporations”[-e697993],"[+e697993] as used in this article, shall be construed to include all associations and joint-[+e697993] [-e697993]stock companies having an[+e697993]m[-e697993]y powers or privileges of corporations not possessed by individuals or partnerships, and all corporations shall have the right to sue,[+e697993] and shall be subject to be sued, in all courts, in like cases as[+e697993]n[-e697993] natural persons.[-e697993]

Sec.[+e697993]tion[-e697993] 5. Corporations shall not issue stock, except to bona [+e697993]-[-e697993]fide subscribers thereof,[-e697993] or their assignee, nor shall any corporation issue any bond,[+e697993] or other obligation, for the payment of money, except for money or property received,[+e697993] or labor done. The stock of corporations shall not be increased, except in pursuance of a general law, n[+e697993]. N[-e697993]or shall any law authoriz[+e697993]s[-e697993]e the increase of stock without the consent of the person or persons holding the larger amount in value of the stock, nor[+e697993]t[-e697993] without due notice of the proposed increase having been [-e697993]previously been [+e697993]given in such manner as may be prescribed by law. All fictitiou[+e697993]n[-e697993]s increase of stock or indebtedness shall be void.

Sec.[+e697993]tion[-e697993] 6. No corporations[+e697993] organized outside of [+e697993]the limits of this S[+e697993]s[-e697993]tate,[+e697993] shall be allowed to transact business within the State on conditions [+e697993]more favorable conditions [-e697993]than thos[+e697993]ar[-e697993]e prescribed by law to similar corporations organized under the laws of this State.[-e697993]

Sec.[+e697993]tion[-e697993] 7. No corporation shall lease or alienate any franchise, so as to relieve the franchise or property held thereunder from the liabilities o[+e697993]i[-e697993]f the lessor, or grantor, lessee,[-e697993] or grantee, contracted or incurred in operation, use or enjoyment of such franchise or any of its privileges.

Sec. 8[+e697993]tion 8. [-e697993]

Section 9[-e697993]. No law shall be passed granting the right to construct and operate a street railroad, telegraph[+e697993]g[-e697993], telephone or electric light plant within any city,[-e697993] or incorporated town,[+e697993] without the consent of the local authorities who [+e697993]have[+e697993]ing[-e697993] the control of the street or highway proposed to be occupied for such purposes.

Sec. 9[+e697993]tion 10[-e697993]. No corporation shall do business in this S[+e697993]s[-e697993]tate, w[+e697993]. W[-e697993]ithout having one or more places of business in the same,[+e697993] and an authoriz[+e697993]s[-e697993]ed agent or agents in the same[-e697993], upon whom[+e697993]en[-e697993] process may be served; n[+e697993]. N[-e697993]or without first filing a certified copy of its articles of [+e697993]incorporation and [-e697993]with the S[+e697993]s[-e697993]ecretary of S[+e697993]s[-e697993]tate. [-e697993]

Sec. 10[+e697993]tion 11[-e697993]. No corporation shall engage in any [+e697993]business other than that expressly authoriz[+e697993]s[-e697993]ed in its charter,[+e697993] or articles of incorporation

Sec. 11[+e697993]tion 12.[-e697993] The exercise of the right of eminent domain shall never be so abridged or construed,[+e697993] as to prevent the L[+e697993]l[-e697993]egislature from taking the property and franchises of incorporated companies, and subjecting them to public use the same as the property of individuals.

Sec. 12[+e697993]tion 13[-e697993]. All railroads[-e697993] and other transportation companies are declared to be common carriers,[+e697993] and subject to legislative control; a[+e697993]. A[-e697993]nd such companies shall receive and transport each other'[+e697993]’[-e697993]s passengers,[-e697993] and freight,[+e697993] without discrimination or unnecessary delay.

Section 14[-e697993]. [-e697993]

Section[-e697993] 13[+e697993]5[-e697993]. No railroad corporation shall consolidate its stock, property or franchises with any other railroad corporation owning a competing line.[-e697993]

Sec. 14[+e697993]tion 16[-e697993]. The rolling stock,[+e697993] and other move[-e697993]able property,[+e697993] belonging to any railroad company or corporation in this State, shall be considered personal property, and shall be liable to taxation and to execution and sale,[+e697993] in the same manner as the personal property of individuals, and such property shall not be exempted from execution and sale. [+e697993]

Sec. 15[+e697993]tion 17[-e697993]. The L[+e697993]l[-e697993]egislature shall pass l[+e697993]p[-e697993]aws establishing reasonable maximum rates of charges for the transportation of passengers and freight, for[+e697993]and to[-e697993] correcting[+e697993] abuses,[+e697993] and to [-e697993]preventing[+e697993] discrimination and extortion in the [-e697993]rates of freight and passenger tariffs by[+e697993]on[-e697993] the different railroads,[+e697993] and other common carriers in the State, and shall enforce such laws[+e697993] by adequate penalties.

Section 18[-e697993]. [-e697993]

Section[-e697993] 16[+e697993]9. [-e697993]

Section 20[-e697993]. No corporation or association shall bring any armed person or bodies of men into this S[+e697993]s[-e697993]tate for the preservation of the peace,[+e697993] or the suppression of domestic troub[+e697993]vio[-e697993]lence,[-e697993] without authority of law.

Sec. 17[+e697993]tion 21[-e697993]. No officer, employee, attorney or agent of any corporation, company or association doing business under,[+e697993] or by virtue of any municipal charter or franchise,[+e697993] shall be eligible to or be [-e697993]permitted to hold any municipal office,[+e697993] in the municipality granting such charter or franchise.

Section 22[-e697993]. 18[+e697993] [-e697993]

Section 23. [-e697993]

Section 24. [-e697993]

Section 25. [-e697993]

Section 26. [-e697993]

Section 27. [-e697993]

Section 28. [-e697993]

Section 29. [-e697993]

Section 30. [-e697993]

Section 31. [-e697993]

Section 32[-e697993]. The stockholders in every corporation,[+e697993] and joint stock association for banking purposes, shall,[-e697993] in addition to the amount of capital stock subscribed and f[+e697993]b[-e697993]ully paid by them, shall[+e697993] be individually responsible for an additional amount,[+e697993] equal to the amount of their stock in such corporation, for all its debts and liabilities of every kind.

Sec. 19[+e697993]tion 33. [-e697993]

Section 34. [-e697993]

Section 35. [-e697993]

Section 36. [-e697993]

Section 37[-e697993]. Every person in [+e697993]this State shall be free to obtain employment when[+e697993]r[-e697993]ever possible, and any person, corporation,[+e697993] or agent, servant or employee[+e697993] thereof,[+e697993] maliciously interfering or hindering in any way,[+e697993] any person from obtaining,[+e697993] or enjoying employment already obtained,[+e697993] from any other corporation or person, shall be deemed guilty of a [+e697993]crime. The L[+e697993]l[-e697993]egislature shall provide by law f[+e697993]or the enforcement of this section[+e697993]article.[-e697993]

Sec. 20[+e697993]tion 38[-e697993]. Any combination by[+e697993]etween[-e697993] individuals, corporations, or[+e697993] associations, or either,[-e697993] having for its object or effect the controlling of the price of any products[+e697993] of the soil,[+e697993] or of [+e697993]any article of manufacture or commerce, or the cost of exchange or transportation, is prohibited,[+e697993] and hereby declared unlawful,[+e697993] and against public policy. The Legislature shall pass laws for the enforcement of this section by adequate penalties and in case of incorporated [-e697993]companies, if necessary for that purpose,[-e697993] may declare a forfeiture of their franchises[-e697993].

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