Utah Code

Utah Code § 42-2-5 (2026)

Certificate of assumed and of true name -- Contents -- Execution -- Filing -- Notice

✓ current as of May 2026

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10/1/2026

For purposes of this section, "filed" means the Division of Corporations and Commercial Code has:

received and approved, as to form, a document submitted under this chapter; and

marked on the face of the document a stamp or seal indicating:

the time of day and date of approval;

the name of the division; and

the division director's signature and division seal, or facsimiles of the signature or seal.

file with the Division of Corporations and Commercial Code a certificate setting forth:

the name under which the business is, or is to be carried on, conducted, or transacted;

the full true name, or names, of the person owning, and the person carrying on, conducting, or transacting the business; and

the location of the principal place of business, and the street address of the person; and

designate, in accordance with Subsection 16-17-203(1), and maintain a registered agent in this state.

A certificate filed under this section shall be:

executed by the person owning, and the person carrying on, conducting, or transacting the business;

filed not later than 30 days after the time of commencing to carry on, conduct, or transact the business; and

submitted in a machine printed format.

A certificate filed with the Division of Corporations and Commercial Code under this chapter shall include the following notice in a conspicuous place on the face thereof:NOTICE - THE FILING OF THIS APPLICATION AND ITS APPROVAL BY THE DIVISION OF CORPORATIONS AND COMMERCIAL CODE DOES NOT AUTHORIZE THE USE IN THE STATE OF UTAH OF AN ASSUMED NAME IN VIOLATION OF THE RIGHTS OF ANOTHER UNDER FEDERAL, STATE, OR COMMON LAW (SEE UTAH CODE ANN. SECTIONS 42-2-5 ET SEQ.).

A certificate filed under this section shall include a portion that allows the person filing the form to voluntarily disclose the gender and race of one or more owners of the entity for which the filing is made.

Race shall be indicated under Subsection (5)(a) by selecting from the categories of race listed in 15 U.S.C. Sec. 631(f).

A person is not required to provide information under Subsection (5)(a) concerning the gender or race of one or more owners of the entity for which the filing is made.

The Division of Corporations and Commercial Code shall compile information concerning the gender or race included on certificates filed with the Division of Corporations and Commercial Code.

Information compiled by the Division of Corporations and Commercial Code under Subsection (5)(d)(i) may be compiled in a manner determined by the Division of Corporations and Commercial Code by rules made pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

A person who carries on, conducts, or transacts business in this state under an assumed name, whether that business is carried on, conducted, or transacted as an individual, association, partnership, corporation, or otherwise, may change its registered agent or the address of its registered agent by filing with the division a statement of change in accordance with Section 16-17-206.

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 1988–2023 · leading case: Graham v. Davis Cnty. Solid Waste Mgmt. & Energy Recovery Special Serv. Dist., 1999 UT App 136 (Utah Ct. App. 1999).

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Graham v. Davis Cnty. Solid Waste Mgmt. & Energy Recovery Special Serv. Dist., 1999 UT App 136 (Utah Ct. App. 1999). · cites it 7× “Jurisdictional Issue ¶ 8 The District argues the original complaint filed by the Committee was void because it violated both the Utah Assumed Name Statute, see Utah Code Ann. § 42-2-5 (1) (1998), and the rule prohibiting an unincorporated association from being represented by a…”

Wilson Supply, Inc. v. Fradan Mfg. Corp., 2002 UT 94 (Utah 2002). · cites it 2× “" stands for "doing business as" and is a designation contemplated and permitted by statute, see Utah Code Ann. §§ 42-2-5 to -11 (1998 & Supp.”

Stewart v. Stearman, 743 F. Supp. 793 (D. Utah 1990). · cites it 4× “3 The defendant argues that a trust is not a legal entity with the capacity to sue under Utah law and that a trustee cannot sue unless it complies with Utah Code Ann. § 42-2-5 (Supp.1990). 4 Since the trustee in *795 the present case has failed to comply with this provision, the…”

Blodgett v. Zions First Nat'l Bank, 752 P.2d 901 (Utah Ct. App. 1988). · cites it 2× “Utah Code Ann. § 42-2-5 (1981). However, the only sanction for this non-compliance with the assumed name statute is denying Aleo access to the courts.”

San Juan Cnty. Coalition v. San Juan Cnty., 2023 UT App 12 (Utah Ct. App. 2023). · cites it 2× “” Utah Code § 42-2-5(2), (3). Although the Coalition filed a certificate to satisfy this statute before it filed its petition in the district court, it had not done so at the time the Bondio Letter was sent to the Commission.”

— Utah Code § 42-2-5(1) — 1 case

Graham v. Davis Cnty. Solid Waste Mgmt. & Energy Recovery Special Serv. Dist., 1999 UT App 136 (Utah Ct. App. 1999). “Jurisdictional Issue ¶ 8 The District argues the original complaint filed by the Committee was void because it violated both the Utah Assumed Name Statute, see Utah Code Ann. § 42-2-5 (1) (1998), and the rule prohibiting an unincorporated association from being represented by a…”

— Utah Code § 42-2-5(2) — 1 case

San Juan Cnty. Coalition v. San Juan Cnty., 2023 UT App 12 (Utah Ct. App. 2023). “” Utah Code § 42-2-5(2), (3). Although the Coalition filed a certificate to satisfy this statute before it filed its petition in the district court, it had not done so at the time the Bondio Letter was sent to the Commission.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.