Full text of Utah Utah Code § 13-58-402 — Termination without time to cure., with citation guidance and answers to common questions.
§ 13-58-402. Termination without time to cure.
Effective 5/5/2021
13-58-402.
Termination without time to cure.
A manufacturer or distributor may terminate an agreement with a motorboat dealer upon written notice and without a cure period described in Section
13-58-302, if:
| (1) |
the motorboat dealer:
| (a) |
financially defaults to the manufacturer, the distributor, or a financing source; |
| (b) |
becomes subject to an order for relief, as defined in 11 U.S.C. Sec. 102; |
| (c) |
files a voluntary petition in bankruptcy; |
| (d) |
has had an involuntary petition in bankruptcy filed against the motorboat dealer; |
| (e) |
engages in an act of material fraud in relation to the performance of a right or obligation under the agreement; |
| (f) |
is a corporation that ceases to exist; |
| (h) |
takes or fails to take an action that constitutes an admission of inability to pay debts as the debts mature; |
| (i) |
makes a general assignment for the benefit of creditors to an agent authorized to liquidate any substantial amount of assets; |
| (j) |
applies to a court for the appointment of a receiver for any assets or properties; |
| (k) |
fails to substantially comply with a federal, state, or local law, rule, regulation, ordinance, or order applicable to the agreement; |
| (l) |
receives three valid notices of a default under Section 13-58-302 for the same default within a 12-month period, regardless of whether the dealer cures the default; |
| (m) |
transfers an interest in the dealership without the manufacturer's written consent; |
| (n) |
has pleaded guilty to or has been convicted of a felony, or of any misdemeanor relating to the relationship between the motorboat dealer and manufacturer; |
| (o) |
or one of the owners of the motorboat dealer is convicted or enters a plea of nolo contendere to a felony; or |
| (p) |
makes a material misrepresentation; |
|
| (2) |
there is a closeout or sale of a substantial part of the dealer's assets related to the motorboat dealership; |
| (3) |
there is a commencement or dissolution or liquidation of the motorboat dealership; |
| (4) |
there is a change without the prior written approval of the manufacturer in the location of the motorboat dealer's principal place of business under the dealership agreement; or |
| (5) |
the motorboat dealer's license is suspended, revoked, or is not renewed. |
Enacted by Chapter
185, 2021 General Session
Frequently Asked Questions About Utah § 13-58-402
What does Utah Code § 13-58-402 cover?
Section 13-58-402 ("Termination without time to cure.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 13-58-402?
A common citation format is "Utah Code § 13-58-402" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 13-58-402 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
