Utah Code

Utah Code § 42-2-10 (2026)

Penalties

✓ current as of May 2026
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10/1/2026

Any person who carries on, conducts, or transacts business under an assumed name without having complied with the provisions of this chapter, and until the provisions of this chapter are complied with:

shall not sue, prosecute, or maintain any action, suit, counterclaim, cross complaint, or proceeding in any of the courts of this state; and
may be subject to a penalty in the form of a late filing fee determined by the division director in an amount not to exceed three times the fees charged under Section 42-2-7 and established under Section 63J-1-504.
Notes of Decisions
Cited in 5 cases, 1936–2020 · leading case: Elite Legacy Corp. v. Schvaneveldt, 2016 UT App 228 (Utah Ct. App. 2016).
Elite Legacy Corp. v. Schvaneveldt, 2016 UT App 228 (Utah Ct. App. 2016). · cites it 4× “Utah Code Ann. § 42-2-10 (LexisNexis 2014).”
R4 Constructors v. Inbalance Yoga, 2020 UT App 169 (Utah Ct. App. 2020). · cites it 5× “¶18 For example, the Assumed Name Statute provides, Any person who carries on, conducts, or transacts business under an assumed name without having complied with the provisions of this chapter, and until the provisions of this chapter are complied with: shall not sue, prosecute,…”
Graham v. Davis Cnty. Solid Waste Mgmt. & Energy Recovery Special Serv. Dist., 1999 UT App 136 (Utah Ct. App. 1999). · cites it 6× “See Utah Code Ann. § 42-2-10 (1) (1998) (stating failure to comply with statute precludes filing action).”
Blodgett v. Zions First Nat'l Bank, 752 P.2d 901 (Utah Ct. App. 1988). · cites it 2× “We acknowledge that Utah Code Ann. § 42-2-10 (1981) mandates that any persons who conduct business under an assumed name cannot sue, prosecute, or maintain any action in any of the courts unless they comply with the name registration statutes.”
Chez, Atty. Gen. v. Indus. Comm. of Utah, 62 P.2d 549 (Utah 1936). · cites it 2× “Thus, the state in effect says: “We will create, establish, manage, collect and administer through the Industrial Commission but as an agent and trustee only for the contributing employers.”
Utah Code § 42-2-10(1): 1 case
Graham v. Davis Cnty. Solid Waste Mgmt. & Energy Recovery Special Serv. Dist., 1999 UT App 136 (Utah Ct. App. 1999). “See Utah Code Ann. § 42-2-10 (1) (1998) (stating failure to comply with statute precludes filing action).”
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