7-27-102.  Application.
     The provisions of this chapter do not apply to:

(1)  a provider that is a depository institution;

Terms Used In Utah Code 7-27-102

  • Commercial financing transaction: means a business purpose transaction:
(a) under which a person extends a business a commercial loan or a commercial open-end credit plan; or
(b) that is an accounts receivable purchase transaction. See Utah Code 7-27-101
  • Commercial loan: means a loan to a business, regardless of whether the loan is secured. See Utah Code 7-27-101
  • Commercial open-end credit plan: means commercial financing extended to a business on terms under which:
    (a) the creditor reasonably contemplates repeat transactions; and
    (b) subject to any limit set by the creditor, the amount of financing that the creditor may extend to the business during the term of the plan is made available to the extent that any outstanding balance is repaid. See Utah Code 7-27-101
  • 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.
  • 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
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
  • Motor vehicle dealer: means a dealer as defined in Section 41-3-102. See Utah Code 7-27-101
  • 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.
  • Open-end credit: A credit agreement (typically a credit card) that allows a customer to borrow against a preapproved credit line when purchasing goods and services. The borrower is only billed for the amount that is actually borrowed plus any interest due. (Also called a charge account or revolving credit.) Source: OCC
  • Person: means :
    (a) an individual;
    (b) a corporation;
    (c) a limited liability company;
    (d) a partnership;
    (e) a trust;
    (f) an association;
    (g) a joint venture;
    (h) a pool;
    (i) a syndicate;
    (j) a sole proprietorship;
    (k) an unincorporated organization; or
    (l) any form of business entity. See Utah Code 7-1-103
  • Provider: includes a person who, under a written agreement with a depository institution, offers one or more commercial financing products provided by the depository institution via an online platform that the person administers. See Utah Code 7-27-101
  • 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
  • Subsidiary: means a business entity under the control of an institution. See Utah Code 7-1-103
  • (2)  a provider that is:

    (a) 

    (i)  a subsidiary of a depository institution; or

    (ii)  a service corporation for a depository institution; and

    (b)  regulated by a federal banking agency;

    (3)  a provider that is regulated under the federal Farm Credit Act 12 U.S.C. § 2001 et seq.;

    (4)  a provider that is licensed as a money transmitter in accordance with Chapter 25, Money Transmitter Act;

    (5)  a provider that consummates five or fewer commercial financing products in the state during any 12 month period;

    (6)  a commercial financing transaction secured by real property;

    (7)  a commercial financing transaction that is a lease as defined in Section 70A-2a-103;

    (8)  a commercial financing transaction that is a purchase-money obligation as defined in Section 70A-9a-103;

    (9)  a commercial financing transaction that:

    (a)  involves a commercial loan or a commercial open-end credit plan;

    (b)  is $50,000 or more; and

    (c)  extends the commercial loan or the commercial open-end credit plan to:

    (i)  a motor vehicle dealer or the motor vehicle dealer’s affiliate; or

    (ii)  a motor vehicle rental company as defined in Section 13-48-103 or the motor vehicle rental company’s affiliate;

    (10)  a commercial financing transaction offered by a person in connection with the sale of a product or service that:

    (a)  the person manufactures, licenses, or distributes; or

    (b)  the person’s parent company or the person’s owned and controlled subsidiary manufactures, licenses, or distributes; or

    (11)  a commercial financing transaction of more than $1,000,000.

    Enacted by Chapter 449, 2022 General Session