Full text of Utah Utah Code § 51-8-102 — Definitions., with citation guidance and answers to common questions.
§ 51-8-102. Definitions.
Effective 10/14/2025 51-8-102.
Definitions. As used in this chapter:
(1)
"Charitable purpose" means the relief of poverty, the advancement of education or religion, the promotion of health, the promotion of governmental purposes, and any other purpose the achievement of which is beneficial to the community.
(2)
(a)
"Endowment fund" means an institutional fund, or any part of an institutional fund, not wholly expendable by the institution on a current basis under the terms of a gift instrument.
(b)
"Endowment fund" does not include assets of an institution designated by the institution as an endowment fund for its own use.
(3)
"Gift instrument" means a record or records, including an institutional solicitation, under which property is granted to, transferred to, or held by an institution as an institutional fund.
(4)
(a)
"Governing board" means the body responsible for the management of an institution or of an institutional fund.
(b)
"Governing board" means, for a higher education institution, the board of trustees of the higher education institution.
(5)
"Higher education institution" means the institutions specified in Section 53H-1-102.
(6)
"Institution" means:
(a)
a person, other than an individual, organized and operated exclusively for charitable purposes;
(b)
a government or a governmental subdivision, agency, or instrumentality to the extent that it holds funds exclusively for a charitable purpose; and
(c)
a trust that had both charitable and noncharitable interests, after all noncharitable interests have terminated.
(7)
(a)
"Institutional fund" means a fund held by an institution exclusively for charitable purposes.
(b)
"Institutional fund" does not include:
(i)
program-related assets;
(ii)
a fund held for an institution by a trustee that is not an institution;
(iii)
a fund in which a beneficiary that is not an institution has an interest, other than an interest that could arise upon violation or failure of the purposes of the fund; or
(iv)
operating funds.
(8)
"Manager" means either:
(a)
the state treasurer; or
(b)
a higher education institution that accepts the responsibility for the management of institutional funds of a different higher education institution.
(9)
"Operating funds" means money used for the general operation of a higher education institution that is received by the higher education institution from:
(a)
state appropriations;
(b)
government contracts;
(c)
government grants; or
(d)
tuition and fees collected from students.
(10)
"Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, instrumentality, or any other legal or commercial entity.
(11)
"Program-related asset" means an asset held by an institution primarily to accomplish a charitable purpose of the institution and not primarily for appreciation or the production of income.
(12)
"Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
Section 51-8-102 ("Definitions.") 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 § 51-8-102?
A common citation format is "Utah Code § 51-8-102" (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 § 51-8-102 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.
