Terms Used In Utah Code 7-16a-204

  • Automated teller machine: means an electronic information processing device that:
(a) is readily accessible to the general public; and
(b) on behalf of an issuer:
(i) dispenses currency or coin; or
(ii) accepts deposits or payments. See Utah Code 7-16a-102
  • 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
  • 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
  • Operator: means an institution that:
    (i) is a depository institution;
    (ii) is a depository institution holding company; or
    (iii) is an institution directly or indirectly owned or controlled by one or more depository institutions or depository institution holding companies; and
    (b) owns or contracts with an owner of an automated teller machine to operate the automated teller machine. See Utah Code 7-16a-102
  • 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)  Except as provided in Subsection (3), an operator may not operate, relocate, or discontinue operating an automated teller machine unless the operator provides notice to the department in accordance with this section.

    (b)  An operator may operate, relocate, or discontinue operating an automated teller machine 30 days from the day the department accepts the notice filed under this section as complete.

    (c)  No later than 30 days before operating, relocating, or discontinuing the operation of an automated teller machine located in this state, the operator shall notify the department of the intent to operate, relocate, or discontinue the operation of the automated teller machine.

    (d)  The notice required under Subsection (1)(a) shall state:

    (i)  if operating or relocating an automated teller machine:

    (A)  the proposed location of the automated teller machine;

    (B)  whether the proposed location is permanent or temporary; and

    (C)  the period the automated teller machine will be at the proposed location, if the location is temporary; and

    (ii)  any information requested on a form prescribed by the department.

    (e)  The department may not require the operator to pay a fee for filing the notice required under this Subsection (1).
  • (2)  The failure to provide notice to the department as required in Subsection (1) is a violation against which the commissioner may exercise the general enforcement powers set forth in Section 7-1-320.

    (3)  This section does not apply to automated teller machines located at the main office or at a branch of a depository institution authorized to transact business in this state.

    (4)  For purposes of this section, “discontinue” or “discontinuing” means an interruption in the operation of an automated teller machine of 30 days or more.

    Enacted by Chapter 111, 1997 General Session