Utah Code 7-5-13 v2. Collective investment funds

Effective 7/1/2024

(1)

A person authorized to engage in the trust business in this state may:

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Terms Used In Utah Code 7-5-13 v2

Fiduciary: A trustee, executor, or administrator.
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.
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

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

Trust business: means , except as provided in Subsection (1)(c), a business in which one acts in any agency or fiduciary capacity, including that of personal representative, executor, administrator, conservator, guardian, assignee, receiver, depositary, or trustee under appointment as trustee for any purpose permitted by law, including the definition of "trust" set forth in Subsection 75-1-201(55). See Utah Code 7-5-1

Trust company: means an institution authorized to engage in the trust business under this chapter. See Utah Code 7-5-1

(a)

establish collective investment funds that authorize participation by fiduciary or trust accounts of the trust company, its affiliates, or both; and

(b)

participate in collective investment funds established by an affiliate of the trust company, if:

(i)	the affiliate is authorized under the laws of its chartering authority to establish a collective investment fund in which its affiliates may participate; and

(ii)	the plan establishing the collective investment fund specifically authorized the participation.

(2)

Funds held by a trust company may be invested collectively in a collective investment fund in accordance with the rules prescribed by the appropriate governmental regulatory agency or agencies, if this investment is not specifically prohibited under the instrument, judgment, decree, or order creating the regulatory relationship.

(3)

Unless ordered to do so by a court, a trust company operating collective investment funds is not required to render a court accounting with regard to those funds but the trust company may petition a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, to secure approval of such an accounting on such conditions as the court may establish.

(4)	This section applies to all relationships in existence on or after May 1, 1989.

Amended by Chapter 401, 2023 General Session

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