Utah § 16-21-303 - Right of action. (Effective 10/1/2026)

Full text of Utah Utah Code § 16-21-303 — Right of action. (Effective 10/1/2026), with citation guidance and answers to common questions.

§ 16-21-303. Right of action. (Effective 10/1/2026)

Effective 10/1/2026
16-21-303.  Right of action.
(1)Except in a benefit enforcement proceeding, a person may not bring an action or assert a claim against a benefit company or a benefit company's member, manager, or officer with respect to:
(a)failure to pursue or create general public benefit or a specific public benefit set forth in the benefit company's certificate of organization; or
(b)violation of a duty or standard of conduct under this chapter.
(2)A benefit company is not liable for monetary damages under this chapter for a failure of the benefit company to pursue or create general public benefit or a specific public benefit.
(3)Only the following may commence or maintain a benefit enforcement proceeding:
(a)the benefit company, directly; or
(b)one or more of the following, derivatively:
(i)a member that owned at least 2% of the total number of interests of a class or series outstanding at the time of the act or omission complained of;
(ii)a manager of a manager-managed benefit company;
(iii)a person or group of persons who own beneficially or of record at least 5% of the interests in an association of which the benefit company is a subsidiary at the time of the act or omission complained of; or
(iv)any person or group of persons specified in the benefit company's certificate of organization or operating agreement.


Renumbered and Amended by Chapter 92, 2026 General Session

Source: official Utah text · Last verified 2026-08-27

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Frequently Asked Questions About Utah § 16-21-303

What does Utah Code § 16-21-303 cover?

Section 16-21-303 ("Right of action. (Effective 10/1/2026)") 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 § 16-21-303?

A common citation format is "Utah Code § 16-21-303" (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 § 16-21-303 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.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Utah.