Utah Code 31A-5-302. Registration of securities

(1)

Terms Used In Utah Code 31A-5-302

Insurance: includes :

(i)	a risk distributing arrangement providing for compensation or replacement for damages or loss through the provision of a service or a benefit in kind;

(ii)	a contract of guaranty or suretyship entered into by the guarantor or surety as a business and not as merely incidental to a business transaction; and

(iii)

a plan in which the risk does not rest upon the person who makes an arrangement, but with a class of persons who have agreed to share the risk. See Utah Code 31A-1-301

Security: means a:

(i)

note;

(ii)

stock;

(iii)

bond;

(iv)	debenture;

(v)	evidence of indebtedness;

(vi)	certificate of interest or participation in a profit-sharing agreement;

(vii)

collateral-trust certificate;

(viii)

preorganization certificate or subscription;

(ix)	transferable share;

(x)	investment contract;

(xi)	voting trust certificate;

(xii)

certificate of deposit for a security;

(xiii)

certificate of interest of participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease;

(xiv)

commodity contract or commodity option;

(xv)	certificate of interest or participation in, temporary or interim certificate for, receipt for, guarantee of, or warrant or right to subscribe to or purchase any of the items listed in Subsections (171)(a)(i) through (xiv); or

(xvi)

another interest or instrument commonly known as a security. See Utah Code 31A-1-301

(a)

An insurance security shall be registered with the commissioner:

(i)	by coordination under Section 61-1-9; or

(ii)	by qualification under Section 61-1-10.

(b)	A registration statement under this Subsection (1) shall conform to Section 61-1-11.

(2)	The commissioner has the powers specified in Sections 61-1-12, 61-1-15, 61-1-19, 61-1-20, and 61-1-24.

(3)	Sections 61-1-16, 61-1-17, 61-1-18.3, and 61-1-25 apply to the regulation of securities under this part.

(4)	As used in this chapter, the words “commission” or “division” under Title 61, Chapter 1, Utah Uniform Securities Act, mean the insurance commissioner.

Amended by Chapter 351, 2009 General Session

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