§ 53B-1-201 Definitions
§ 53B-1-202 Disclosure of foreign gifts to higher education institutions — Prohibition on restricted foreign entity funds

Terms Used In Utah Code > Title 53B > Chapter 1 > Part 2 - Disclosure of Foreign Gifts

  • Board: means the Utah Board of Higher Education described in Section 53B-1-402. See Utah Code 53B-1-101.5
  • Conditional gift: means a gift as defined in Subsection (4) that is subject to conditions:
    (a) imposed, requested, or provided by a foreign government or foreign person; and
    (b) that relate to:
    (i) what kinds of teachers or students may benefit from the gift; or
    (ii) a description of the subject matter to be taught with the support of the gift. See Utah Code 53B-1-201
  • Contract: A legal written agreement that becomes binding when signed.
  • 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.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Foreign government: means a government other than the government of:
    (a) the United States;
    (b) a state within the United States;
    (c) a territory or possession of the United States; or
    (d) a political subdivision of the United States. See Utah Code 53B-1-201
  • Foreign person: means :
    (a) a foreign government defined in Subsection (2);
    (b) an individual who is not a citizen or national of the United States or of a territory or protectorate of the United States;
    (c) a corporation, partnership, joint venture, proprietorship, trust, association, or other entity that is created or organized under the laws of a foreign government or that has its principal place of business located outside the United States;
    (d) if known by the higher education institution, a corporation, partnership, joint venture, proprietorship, trust, association, or other entity that is created or organized pursuant to the laws of the United States or a state within the United States, if a majority of the stock or other equity interest is directly or indirectly owned by, or which derives a majority of its funding from:
    (i) a foreign government;
    (ii) an individual described in Subsection (3)(b); or
    (iii) an entity described in Subsection (3)(c) or (d); or
    (e) if known by the higher education institution, a committee or other group in which a majority of the membership is composed of:
    (i) a foreign government;
    (ii) an individual described in Subsection (3)(b); or
    (iii) an entity described in Subsection (3)(c) or (d). See Utah Code 53B-1-201
  • Gift: means an endowment, scholarship, gift, donation, or grant of money or property of any kind. See Utah Code 53B-1-201
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Higher education institution: means an institution in the state system of higher education as defined in Section 53B-1-102. See Utah Code 53B-1-201
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means :Utah Code 68-3-12.5
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Restricted foreign entity: means :
    (a) a company that the United States Secretary of Defense is required to list as a military company under the requirements of federal national defense authorization acts;
    (b) any affiliate of a company described in Subsection (6)(a);
    (c) the country with a commercial or defense industrial base of which a company described in Subsection (6)(a) is a part; or
    (d) any subsidiary of a company described in Subsection (6)(a) or a country described in Subsection (6)(c). See Utah Code 53B-1-201
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5