Utah · statute · Utah Code tit. 25 · 28 active provisions
No estate or interest in real property, other than leases for a term not exceeding one year, nor any trust or power over or concerning real property or in any manner relating thereto, shall be created, granted, assigned, surrendered or declared otherwise than by act or operation of law, or by deed or conveyance in writ…
Section 25-5-1 may not be construed to affect the power of a testator in the disposition of the testator's real estate by last will and testament; nor to prevent any trust from arising or being extinguished by implication or operation of law.
Every contract for the leasing for a longer period than one year, or for the sale, of any lands, or any interest in lands, shall be void unless the contract, or some note or memorandum thereof, is in writing subscribed by the party by whom the lease or sale is to be made, or by that party's lawful agent thereunto autho…
(1) The following agreements are void unless the agreement, or some note or memorandum of the agreement, is in writing, signed by the party to be charged with the agreement: (a) every agreement that by its terms is not to be performed within one year from the making of the agreement; (b) every promise to answer for the…
To charge a person upon a representation as to the credit of a third person, such representation, or some memorandum thereof, must be in writing subscribed by the party to be charged therewith.
A promise to answer for the obligation of another in any of the following cases is deemed an original obligation of the promisor and need not be in writing: (1) Where the promise is made by one who has received property of another upon an undertaking to apply it pursuant to such promise, or by one who has received a di…
Contracts made by telegraph shall be deemed to be contracts in writing, and all communications sent by telegraph and signed by the person sending the same, or by that person's authority, shall be deemed to be communications in writing.
Nothing in this chapter contained shall be construed to abridge the powers of courts to compel the specific performance of agreements in case of part performance thereof.
Every instrument required by the provisions of this chapter to be subscribed by any party may be subscribed by the lawful agent of such party.
(1) This chapter is known as the "Uniform Voidable Transactions Act." (2) This part is known as "General Provisions."
As used in this chapter: (1) "Affiliate" means: (a) a person that directly or indirectly owns, controls, or holds with power to vote, 20% or more of the outstanding voting securities of the debtor, other than a person that holds the securities: (i) as a fiduciary or agent without sole discretionary power to vote the se…
(1) A debtor is insolvent if, at fair valuation, the sum of the debtor's debts is greater than all of the debtor's assets. (2) (a) A debtor that is generally not paying the debtor's debts as they become due other than as a result of a bona fide dispute is presumed to be insolvent. (b) The presumption imposes on the par…
(1) Value is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent debt is secured or satisfied. However, value does not include an unperformed promise made other than in the ordinary course of the promisor's business to furnish support to the deb…
This part is known as "Voidable Transfer or Obligation."
(1) A transfer made or obligation incurred by a debtor is voidable as to a creditor, whether the creditor's claim arose before or after the transfer was made or the obligation was incurred, if the debtor made the transfer or incurred the obligation: (a) with actual intent to hinder, delay, or defraud any creditor of th…
(1) A transfer made or obligation incurred by a debtor is voidable as to a creditor whose claim arose before the transfer was made or the obligation was incurred if: (a) the debtor made the transfer or incurred the obligation without receiving a reasonably equivalent value in exchange for the transfer or obligation; an…
This part is known as "Transfers and Remedies."
In this chapter: (1) a transfer is made: (a) with respect to an asset that is real property other than a fixture, but including the interest of a seller or purchaser under a contract for the sale of the asset, when the transfer is so far perfected that a good faith purchaser of the asset from the debtor against which a…
(1) In an action for relief against a transfer or obligation under this chapter, a creditor, subject to the limitations in Section 25-6-304, may obtain: (a) avoidance of the transfer or obligation to the extent necessary to satisfy the creditor's claim; (b) an attachment or other provisional remedy against the asset tr…
(1) Except as otherwise provided in this section, a transfer or obligation is not voidable under Subsection 25-6-202(1)(a) against a person that took in good faith and for a reasonably equivalent value given the debtor or against any subsequent transferee or obligee. (2) Except as otherwise provided in this section, to…
A claim for relief regarding a transfer or obligation under this chapter is extinguished unless action is brought: (1) under Subsection 25-6-202(1)(a), no later than four years after the transfer was made or the obligation was incurred or, if later, no later than one year after the transfer or obligation was or could r…
This part is known as "Applicability and Construction."
(1) In this section, the following rules determine the debtor's location: (a) a debtor who is an individual is located at the individual's principal residence; (b) a debtor that is an organization and has only one place of business is located at its place of business; and (c) a debtor that is an organization and has mo…
(1) As used in this section: (a) "Protected series" means an arrangement, however denominated, created by a series organization that, pursuant to the law under which the series organization is organized, has the characteristics described in Subsection (1)(b). (b) "Series organization" means an organization that, pursua…
Unless displaced by this chapter, the principles of law and equity, including merchant law and the law relating to principal and agent, equitable subordination, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency, or other validating or invalidating cause, supplement this chapter's provisi…