Neither the commissioner nor any supervisor or examiner may do any of the following with respect to any institution under the supervision of the department:
Terms Used In Utah Code 7-1-803
Commissioner: means the Commissioner of Financial Institutions. See Utah Code 7-1-103
Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
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
Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
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.
Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
be indebted, directly or indirectly, as a borrower, accommodation endorser, surety, or guarantor to an institution, or to an individual or any other legal or commercial entity owning or controlling an institution;
(b)
be an officer, director, or employee of any institution or of an individual or any other legal or commercial entity owning or controlling an institution;
(c)
own or deal in, directly or indirectly, the shares or obligations of an institution or of a corporation owning or controlling an institution;
(d)
receive, directly or indirectly, from an institution or any officer, director, or employee of an institution, any salary, fee, or compensation; or
(e)
be interested in or engage in the negotiations of any loan to, obligation of, or accommodation for another person to or with an institution.
(2)
Notwithstanding Subsection (1), the commissioner, any supervisor, or any examiner of the department may:
(a)
have and maintain savings, transaction, share, time deposit, or other accounts, or certificates and deposits in any financial or depository institution in the state, or be a lessee of a safe deposit box on the same terms and conditions available to the public generally;
(b)
be indebted to a depository institution under the supervision of the department on terms offered to the public generally upon:
(i)
a mortgage loan upon the mortgagor‘s own home;
(ii)
an open or closed end consumer loan granted before the person became employed with the department or before the institution became subject to the jurisdiction of the department;
(iii)
in the case of a supervisor or examiner, a consumer loan lawfully made prior to January 1, 1991, provided that while the debt is subject to the provisions of this chapter, the terms of the debt are not changed in favor of the debtor in a manner not offered and provided to other creditworthy borrowers or waived or extended as a result of delinquency or default; and
(iv)
a debt fully secured at all times by deposits in the institution;
(c)
be indebted on an installment debt transferred to an institution under the jurisdiction of the department in the regular course of business by a seller of consumer goods; and
(d)
continue to receive payments under a regularly established pension plan of general application for fully retired employees of an institution under the supervision of the department.
(3)
Full disclosure in writing of any indebtedness incurred under Subsection (2) shall be filed in the commissioner’s office.
(4)
Any person who knowingly violates this section with the intention of getting gain through the influence of his office shall forfeit the office or employment and is guilty of a third degree felony.
