13-62-101.  Definitions.
     As used in this chapter:

(1)  “Agent” means a person who is authorized to act on behalf of an owner with respect to a digital asset.

Terms Used In Utah Code 13-62-101

  • Agent: means a person who is authorized to act on behalf of an owner with respect to a digital asset. See Utah Code 13-62-101
  • Contract: A legal written agreement that becomes binding when signed.
  • Control: means :
(a) an owner or an agent has the exclusive legal authority to conduct a transaction relating to the digital asset, including by means of a private key or the use of a multi-signature arrangement the owner or agent authorizes; or
(b) a secured party has created a smart contract which gives the secured party exclusive legal authority to conduct a transaction relating to a digital security. See Utah Code 13-62-101
  • Digital asset: includes :
    (i) a digital user asset; or
    (ii) a digital security. See Utah Code 13-62-101
  • Digital security: means a digital asset which constitutes a security, as that term is defined in Section 70A-8-101. See Utah Code 13-62-101
  • Digital user asset: includes an open blockchain token. See Utah Code 13-62-101
  • Multi-signature arrangement: means a system of access control relating to a digital asset for the purposes of preventing unauthorized transactions relating to the asset, in which two or more private keys are required to conduct a transaction. See Utah Code 13-62-101
  • Person: means :Utah Code 68-3-12.5
  • Private key: means a unique element of cryptographic data, which is:
    (a) held by a person;
    (b) paired with a unique, publicly available element of cryptographic data; and
    (c) associated with an algorithm that is necessary to carry out an encryption or decryption required to execute a transaction. See Utah Code 13-62-101
    (2)  “Control” means:

    (a)  an owner or an agent has the exclusive legal authority to conduct a transaction relating to the digital asset, including by means of a private key or the use of a multi-signature arrangement the owner or agent authorizes; or

    (b)  a secured party has created a smart contract which gives the secured party exclusive legal authority to conduct a transaction relating to a digital security.

    (3) 

    (a)  “Digital asset” means a representation of economic, proprietary, or access rights that is stored in a computer readable format.

    (b)  “Digital asset” includes:

    (i)  a digital user asset; or

    (ii)  a digital security.

    (4)  “Digital security” means a digital asset which constitutes a security, as that term is defined in Section 70A-8-101.

    (5) 

    (a)  “Digital user asset” means a digital asset that is used or bought primarily for consumptive, personal, or household purposes.

    (b)  “Digital user asset” includes an open blockchain token.

    (c)  “Digital user asset” does not include a digital security.

    (6)  “Multi-signature arrangement” means a system of access control relating to a digital asset for the purposes of preventing unauthorized transactions relating to the asset, in which two or more private keys are required to conduct a transaction.

    (7)  “Private key” means a unique element of cryptographic data, which is:

    (a)  held by a person;

    (b)  paired with a unique, publicly available element of cryptographic data; and

    (c)  associated with an algorithm that is necessary to carry out an encryption or decryption required to execute a transaction.

    (8)  “Smart contract” means a transaction which is comprised of code, script, or programming language that executes the terms of an agreement, and which may include taking custody of and transferring a digital asset, or issuing executable instructions for these actions, based on the occurrence or nonoccurrence of specified conditions.

    Enacted by Chapter 448, 2022 General Session

    Technically renumbered to avoid duplication of newly enacted Chapter also in SB 227, Chapter 462.