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 7394: 1895-04-29 09:20:00

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Articles on Corporations other than Municipal [Article 21.3]

(Showing state at moment e695736)
There are 3 proposed amendments related to this document on which decisions have not been taken.

Section 1. Corporations may be formed under general laws but shall not be created by special acts. All laws relating to corporations may be altered, amended or repealed by the legislature at any time, and all corporations doing business in this Stat may, as to such business, be regulated, limited or restrained by law.

Section 2. All existing charters, franchises, special or exclusive privileges, under which an actual and bona-fide organization shall not have taken place, and business been commenced in good faith, at the time of the adoption of this Constitution, shall thereafter have no validity, and no corporation in existence at the time of the adoption of this constitution shall have the benefit of future legislation without first filing in the office of the Secretary of State an acceptance of the provisions of this Constitution.

Section 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.

Section 4. The term “corporations”, as used in this article, shall be construed to include all associations and joint stock companies having amy powers or privileges of corporations not possessed by individuals or partnerships, and all corporations shall have the right to sue and shall be subject to be sued, in all courts, in like cases an natural persons.

Section 5. Corporations shall not issue stock, except to bona-fide subscribers thereof, or their assignee, nor shall any corporation issue any bond or other obligation, for the payment of money, except for money or property received or labor done. The stock of corporations shall not be increased, except in pursuance of a general law. Nor shall any law authorise the increase of stock without the consent of the person or persons holding the larger amount in value of the stock, not without due notice of the proposed increase having been previously given in such manner as may be prescribed by law. All fictitions increase of stock or indebtedness shall be void.

Section 6. No corporation organized outside the limits of this state shall be allowed to transact business within the State on more favorable conditions than are prescribed by law to similar corporations organized under the laws of this State.

Section 7. No corporation shall lease or alienate any franchise, so as to relieve the franchise or property held thereunder from the liabilities if the lessor, or grantor, lessee, or grantee, contracted or incurred in operation, use or enjoyment of such franchise or any of its privileges.

Section 8.

Section 9. No law shall be passed granting the right to construct and operate a street railroad, telegrapg, telephone or electric light plant within any city, or incorporated town without the consent of the local authorities having the control of the street or highway proposed to be occupied for such purposes.

Section 10. No corporation shall do business in this state. Without having one or more places of business and an authorised agent or agents in the same, upon when process may be served. Nor without first filing a certified copy of its incorporation and with the secretary of state.

Section 11. No corporation shall engage in business other than that expressly authorised in its charter or articles of incorporation

Section 12.

Section 13.

Section 14.

Section 15.

Section 16.

Section 17.

Section 18.

Section 19.

Section 20.

Section 21.

TELEGRAPH AND TELEPHONE

Section 22.

Section 23.

Section 24.

Section 25.

Section 26.

Section 27.

Section 28.

Section 29.

Section 30.

Section 31.

Section 32.

Section 33.

Section 34.

Section 35.

Section 36.

Section 37.

Section 38.

Decisions yet to be taken

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