13-57-201.  Maintenance funding provider registration and registration renewal.

(1)  Except as provided in Subsection (4), a business entity may not act as a maintenance funding provider in this state without registering with the division.

Terms Used In Utah Code 13-57-201

  • Business entity: means a sole proprietorship, partnership, limited partnership, limited liability company, corporation, or other entity or association used to carry on a business for profit. See Utah Code 13-57-102
  • Division: means the Division of Consumer Protection of the Department of Commerce established in Section 13-2-1. See Utah Code 13-57-102
  • Maintenance funding provider: means a business entity that engages in the business of legal funding. See Utah Code 13-57-102
  • Person: means :Utah Code 68-3-12.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(2)  To register as a maintenance funding provider, a business entity shall submit to the division an application for registration:

(a)  in the manner the division determines; and

(b)  that includes:

(i)  an application fee in an amount determined by the division in accordance with Sections 13-1-2 and 63J-1-504; and

(ii)  anything else the division requires as established in rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

(3)  Each year a maintenance funding provider shall renew the maintenance funding provider’s registration by submitting to the division an application for registration renewal:

(a)  in the manner the division determines; and

(b)  that includes:

(i)  an application fee in an amount determined by the division in accordance with Sections 13-1-2 and 63J-1-504; and

(ii)  anything else the division requires as established in rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

(4)  A business entity who acts as a maintenance funding provider in the state between May 12, 2019, and May 12, 2020, is permitted to continue to act as a maintenance funding provider:

(a)  if the person:

(i)  applies for registration in accordance with this section; and

(ii)  complies with the requirements of this chapter; and

(b)  until the division makes a determination regarding the person’s application for registration under this section.

Enacted by Chapter 118, 2020 General Session