(1)  With respect to an obligation on or a defense to a security, an “issuer” includes a person that:

Terms Used In Utah Code 70A-8-201

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • 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.
  • Person: means :Utah Code 68-3-12.5
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Security: except as otherwise provided in Section 70A-8-102, means an obligation of an issuer or a share, participation, or other interest in an issuer or in property or an enterprise of an issuer that:
(i) is represented by a security certificate in bearer or registered form, or the transfer of which may be registered upon books maintained for that purpose by or on behalf of the issuer;
(ii) is one of a class or series or by its terms is divisible into a class or series of shares, participations, interests, or obligations; and
(iii) 
(A) is, or is of a type, dealt in or traded on securities exchanges or securities markets; or
(B) is a medium for investment and by its terms expressly provides that it is a security governed by this chapter. See Utah Code 70A-8-101
  • Security certificate: means a certificate representing a security. See Utah Code 70A-8-101
  • Trustee: A person or institution holding and administering property in trust.
  • Uncertificated security: means a security that is not represented by a certificate. See Utah Code 70A-8-101
  • (a)  places or authorizes the placing of its name on a security certificate, other than as authenticating trustee, registrar, transfer agent, or the like, to evidence a share, participation, or other interest in its property or in an enterprise, or to evidence its duty to perform an obligation represented by the certificate;

    (b)  creates a share, participation, or other interest in its property or in an enterprise, or undertakes an obligation, that is an uncertificated security;

    (c)  directly or indirectly creates a fractional interest in its rights or property, if the fractional interest is represented by a security certificate; or

    (d)  becomes responsible for, or in place of, another person described as an issuer in this section.

    (2)  With respect to an obligation on or defense to a security, a guarantor is an issuer to the extent of its guaranty, whether or not its obligation is noted on a security certificate.

    (3)  With respect to a registration of a transfer, issuer means a person on whose behalf transfer books are maintained.

    Repealed and Re-enacted by Chapter 204, 1996 General Session