1. (1) A nonprofit corporation is incorporated, and its corporate existence begins:

   1. (a) when the articles of incorporation are filed by the division; or
   2. (b) if a delayed effective date is specified as described in Subsection 16-6a-108(2), on the delayed effective date, unless a certificate of withdrawal is filed prior to the delayed effective date.

2. (2) Notwithstanding Subsection 16-6a-110(4), the filing of the articles of incorporation by the division is conclusive proof that all conditions precedent to incorporation have been satisfied, except in a proceeding by the state to:

   1. (a) cancel or revoke the incorporation; or
   2. (b) involuntarily dissolve the nonprofit corporation.
3. (3) Beginning January 1, 2025, a nonprofit corporation that is a charitable organization, unless exempted by Section 13-22-110, shall file with the division the information described by Section 13-22-110 in the form described in Section 13-22-110.

Amended by Chapter 95, 2026 General Session