(1)  The commissioner may:

Terms Used In Utah Code 7-1-323

  • Branch: means a place of business of a financial institution, other than its main office, at which deposits are received and paid. See Utah Code 7-1-103
  • Commissioner: means the Commissioner of Financial Institutions. See Utah Code 7-1-103
  • Contract: A legal written agreement that becomes binding when signed.
  • Department: means the Department of Financial Institutions. See Utah Code 7-1-103
  • Depository institution: means a bank, savings and loan association, savings bank, industrial bank, credit union, or other institution that:
(a) holds or receives deposits, savings, or share accounts;
(b) issues certificates of deposit; or
(c) provides to its customers other depository accounts that are subject to withdrawal by checks, drafts, or other instruments or by electronic means to effect third party payments. See Utah Code 7-1-103
  • Institution: means :
    (a) a corporation;
    (b) a limited liability company;
    (c) a partnership;
    (d) a trust;
    (e) an association;
    (f) a joint venture;
    (g) a pool;
    (h) a syndicate;
    (i) an unincorporated organization; or
    (j) any form of business entity. See Utah Code 7-1-103
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • State: means , unless the context demands otherwise:
    (a) a state;
    (b) the District of Columbia; or
    (c) the territories of the United States. See Utah Code 7-1-103
    (a)  examine, supervise, and regulate a branch operated in this state by a depository institution chartered by another state and take any action or issue any order with regard to that branch;

    (b)  examine, supervise, and regulate a branch operated in another state by a depository institution chartered by this state and take any action or issue any order with regard to that branch; and

    (c)  coordinate these activities with any other state or federal agency that shares jurisdiction over the institution.
  • (2)  The commissioner may coordinate the examination, supervision, and regulation of any depository institution chartered by this state with the examination, supervision, and regulation of an affiliated depository institution operating in another state.

    (3)  The commissioner may take any reasonable and lawful action in furtherance of coordinating the regulation of interstate operations, including:

    (a)  negotiating and entering into cooperative agreements with an agency of another state or of the federal government;

    (b)  sharing information and reports in accordance with Section 7-1-802 with an agency that shares jurisdiction over the institution;

    (c)  accepting as sufficient, if appropriate, examination reports and other information compiled or generated by or for an agency that shares jurisdiction over the institution;

    (d)  contracting with an agency that shares jurisdiction over the institution to engage the services of its examiners at a reasonable rate of compensation;

    (e)  offering the services of the department‘s examiners at a reasonable rate of compensation to an agency that shares jurisdiction over the institution;

    (f)  collecting fees on behalf of, or receiving payment of fees through, an agency that shares jurisdiction over the institution; and

    (g)  cooperating in any other way with other supervisory agencies and professional associations to promote the efficient, safe, and sound operation and regulation of interstate depository institution activities, including the formulation of interstate examination policies and procedures and the drafting of model laws, rules, and agreements.

    (4)  A contract between the department and an agency that shares jurisdiction over a depository institution to provide examiners to aid in interstate examination and regulation is considered a sole source contract under Section 63G-6a-802.

    Amended by Chapter 347, 2012 General Session