(1) 

Terms Used In Utah Code 61-1-25

  • Commission: means the Securities Commission created in Section 61-1-18. See Utah Code 61-1-13
  • Division: means the Division of Securities established by Section 61-1-18. See Utah Code 61-1-13
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Person: means :
(i) an individual;
(ii) a corporation;
(iii) a partnership;
(iv) a limited liability company;
(v) an association;
(vi) a joint-stock company;
(vii) a joint venture;
(viii) a trust where the interests of the beneficiaries are evidenced by a security;
(ix) an unincorporated organization;
(x) a government; or
(xi) a political subdivision of a government. See Utah Code 61-1-13
  • 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
    (a)  A document is filed when it is received by the division.

    (b)  If the last day prescribed for the filing of a document is a Saturday, Sunday, or legal holiday, the document is considered timely filed if it is filed on the next succeeding day that is not a Saturday, Sunday, or legal holiday.

    (2) 

    (a)  The division shall keep a register of:

    (i)  all applications for registration and registration statements that are or have ever been effective under this chapter; and

    (ii)  all denial, suspension, or revocation orders entered under this chapter.

    (b)  The register shall be open for public inspection.

    (3)  The information contained in or filed with a registration statement, application, or report may be made available to the public under the rules the division prescribes.

    (4) 

    (a)  The division shall furnish to a person a photostatic or other copy, certified under seal if requested, of an entry in the register or any document that is a matter of public record:

    (i)  upon request; and

    (ii)  at a reasonable charge prescribed by the division.

    (b)  In a proceeding or prosecution under this chapter, a copy certified under this Subsection (4) is prima facie evidence of the contents of the entry or document certified.

    (5)  The division may issue an interpretative opinion requested by an interested person if the commission concurs in the interpretative opinion.

    Amended by Chapter 317, 2011 General Session