Effective 7/1/2024

(1)  As soon as is practical after taking possession of an institution the commissioner, or any receiver or liquidator appointed by the commissioner, shall make or cause to be made in duplicate an inventory of its assets, one copy to be filed in the commissioner’s office and one with the clerk of the court.

Terms Used In Utah Code 7-2-10 v2

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Commissioner: means the Commissioner of Financial Institutions. See Utah Code 7-1-103
  • court: means the court given jurisdiction by this provision. See Utah Code 7-2-2
  • 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
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Liquidator: means a person, agency, or instrumentality of this state or the United States appointed to conduct a liquidation. See Utah Code 7-1-103
  • Receiver: means a person, agency, or instrumentality of this state or the United States appointed to administer and manage an institution subject to the jurisdiction of the department in receivership, as provided in Chapter 2, Possession of Depository Institution by Commissioner, and Chapter 19, Acquisition of Failing Depository Institutions or Holding Companies. See Utah Code 7-1-103
    • (2)  Upon the expiration of the time fixed for presentation of claims the commissioner, or any receiver or liquidator appointed by the commissioner, shall make in duplicate a full and complete list of the claims presented, including and specifying claims disallowed by the commissioner, of which one copy shall be filed in the commissioner’s office and one copy in the office of the clerk of the court.

    (3)  The commissioner, or any receiver or liquidator appointed by the commissioner, shall in like manner make and file supplemental lists showing all claims presented after the filing of the first list.

    (4)  The supplemental lists shall be filed every six months and at least 15 days before the declaration of any dividend.

    (5)  At the time of the order for final distribution the commissioner, or any receiver or liquidator appointed by the commissioner, shall make a report in duplicate of the proceeding, showing the disposition of the assets and liabilities of the institution, one copy to be filed in the commissioner’s office and one with the clerk of the court.

    (6)  The accounting, inventory, and lists of claims shall be open at all reasonable times for inspection.

    (7)  Any objection to any report or accounting shall be filed with the clerk of the court within 30 days after the report of accounting has been filed by the commissioner, or any receiver or liquidator appointed by the commissioner, and shall be subject to judicial review only as provided in Section 7-2-9.

    Amended by Chapter 401, 2023 General Session

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