Utah Code 61-1-206. Records

61-1-206. Records.

(1)	Upon request, a broker-dealer or investment adviser shall provide access to or a copy of any record, including a historical record, that is relevant to the suspected or attempted financial exploitation of an eligible adult to Adult Protective Services or a law enforcement agency.

Terms Used In Utah Code 61-1-206

Adult Protective Services: means the same as that term is defined in Section 26B-6-201. See Utah Code 61-1-201
Broker-dealer: means a person engaged in the business of effecting transactions in securities for the account of others or for the person's own account. See Utah Code 61-1-13
Division: means the Division of Securities established by Section 61-1-18. See Utah Code 61-1-13
Eligible adult: means :

(a)	an individual who is 65 years old or older; or

(b)

a vulnerable adult as defined in Section 26B-6-201. See Utah Code 61-1-201

Investment adviser: includes a financial planner or other person who:

(A)	as an integral component of other financially related services, provides the investment advisory services described in Subsection (1)(q)(i) to others as part of a business;

(B)	holds the person out as providing the investment advisory services described in Subsection (1)(q)(i) to others; or

(C)

holds the person out as a financial adviser, financial consultant, or any other similar title as the division may specify in rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, in any way as to imply that the person is generally engaged in an investment advisory business, including a person who does not hold a securities license and uses a title described in this Subsection (1)(q)(ii)(C) in any advertising or marketing material. See Utah Code 61-1-13

Law enforcement agency: means the same as that term is defined in Section 53-1-102. See Utah Code 61-1-201

record: means information that is:

(A)	inscribed in a tangible medium; or

(B)

(I)	stored in an electronic or other medium; and

(II)	retrievable in perceivable form. See Utah Code 61-1-13
(2)	For purposes of Title 63G, Chapter 2, Government Records Access and Management Act, a record made available to Adult Protective Services or a law enforcement agency under this section is a protected record as defined in Section 63G-2-103.

(3)	Nothing in this section affects the authority of the division to access or examine the books or records of a broker-dealer or investment adviser as otherwise provided by law.

Enacted by Chapter 159, 2018 General Session

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