§ 31A-17-201 Qualified assets
§ 31A-17-202 Status of assets that are not “qualified assets.”
§ 31A-17-203 Encumbering of assets

Terms Used In Utah Code > Title 31A > Chapter 17 > Part 2 - Qualified Assets

  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Certificate: means evidence of insurance given to:
    (a) an insured under a group insurance policy; or
    (b) a third party. See Utah Code 31A-1-301
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Creditor: means a person, including an insured, having a claim, whether:
    (a) matured;
    (b) unmatured;
    (c) liquidated;
    (d) unliquidated;
    (e) secured;
    (f) unsecured;
    (g) absolute;
    (h) fixed; or
    (i) contingent. See Utah Code 31A-1-301
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Director: means the director of the division appointed in accordance with Section 61-1-18. See Utah Code 61-1-13
  • Division: means the Division of Securities established by Section 61-1-18. See Utah Code 61-1-13
  • Domestic insurer: means an insurer organized under the laws of this state. See Utah Code 31A-1-301
  • Excess surplus: means :
    (i) for a life insurer, accident and health insurer, health organization, or property and casualty insurer as defined in Section 31A-17-601, the lesser of:
    (A) that amount of an insurer's or health organization's total adjusted capital that exceeds the product of:
    (I) 2. See Utah Code 31A-1-301
  • Executor: A male person named in a will to carry out the decedent
  • Executor: includes "administrator" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • Insurance: includes :
    (i) a risk distributing arrangement providing for compensation or replacement for damages or loss through the provision of a service or a benefit in kind;
    (ii) a contract of guaranty or suretyship entered into by the guarantor or surety as a business and not as merely incidental to a business transaction; and
    (iii) a plan in which the risk does not rest upon the person who makes an arrangement, but with a class of persons who have agreed to share the risk. See Utah Code 31A-1-301
  • Issuer: means a person who issues or proposes to issue a security or has outstanding a security that it has issued. See Utah Code 61-1-13
  • 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.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • 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.
  • offer to sell: includes an attempt or offer to dispose of, or solicitation of an offer to buy, a security or interest in a security for value. See Utah Code 61-1-13
  • Person: includes :
    (a) an individual;
    (b) a partnership;
    (c) a corporation;
    (d) an incorporated or unincorporated association;
    (e) a joint stock company;
    (f) a trust;
    (g) a limited liability company;
    (h) a reciprocal;
    (i) a syndicate; or
    (j) another similar entity or combination of entities acting in concert. See Utah Code 31A-1-301
  • Person: means :
    (i) an individual;
    (ii) a corporation;
    (iii) a partnership;
    (iv) a limited liability company;
    (v) an association;
    (vi) a joint-stock company;
    (vii) a joint venture;
    (viii) a trust where the interests of the beneficiaries are evidenced by a security;
    (ix) an unincorporated organization;
    (x) a government; or
    (xi) a political subdivision of a government. See Utah Code 61-1-13
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Policy: includes a service contract issued by:
    (i) a motor club under Chapter 11, Motor Clubs;
    (ii) a service contract provided under Chapter 6a, Service Contracts; and
    (iii) a corporation licensed under:
    (A) Chapter 7, Nonprofit Health Service Insurance Corporations; or
    (B) Chapter 8, Health Maintenance Organizations and Limited Health Plans. See Utah Code 31A-1-301
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Reinsurance: means an insurance transaction where an insurer, for consideration, transfers any portion of the risk it has assumed to another insurer. See Utah Code 31A-1-301
  • Security: means a:
    (i) note;
    (ii) stock;
    (iii) bond;
    (iv) debenture;
    (v) evidence of indebtedness;
    (vi) certificate of interest or participation in a profit-sharing agreement;
    (vii) collateral-trust certificate;
    (viii) preorganization certificate or subscription;
    (ix) transferable share;
    (x) investment contract;
    (xi) voting trust certificate;
    (xii) certificate of deposit for a security;
    (xiii) certificate of interest of participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease;
    (xiv) commodity contract or commodity option;
    (xv) certificate of interest or participation in, temporary or interim certificate for, receipt for, guarantee of, or warrant or right to subscribe to or purchase any of the items listed in Subsections (171)(a)(i) through (xiv); or
    (xvi) another interest or instrument commonly known as a security. See Utah Code 31A-1-301
  • Security: means a:
    (A) note;
    (B) stock;
    (C) treasury stock;
    (D) bond;
    (E) debenture;
    (F) evidence of indebtedness;
    (G) certificate of interest or participation in a profit-sharing agreement;
    (H) collateral-trust certificate;
    (I) preorganization certificate or subscription;
    (J) transferable share;
    (K) investment contract;
    (L) burial certificate or burial contract;
    (M) voting-trust certificate;
    (N) certificate of deposit for a security;
    (O) certificate of interest or participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease;
    (P) commodity contract or commodity option;
    (Q) interest in a limited liability company;
    (R) life settlement interest; or
    (S) in general, an interest or instrument commonly known as a "security" or a certificate of interest or participation in, temporary or interim certificate for, receipt for, guarantee of, or warrant or right to subscribe to or purchase an item listed in Subsections (1)(ee)(i)(A) through (R). See Utah Code 61-1-13
  • sell: includes a contract for sale of, contract to sell, or disposition of, a security or interest in a security for value. See Utah Code 61-1-13
  • Service of process: The service of writs or summonses to the appropriate party.
  • State: means a state, territory, or possession of the United States, the District of Columbia, and Puerto Rico. See Utah Code 61-1-13
  • Surplus: means the excess of assets over the sum of paid-in capital and liabilities. See Utah Code 31A-1-301
  • Writing: includes :Utah Code 68-3-12.5