§ 61-1-1 Fraud unlawful
§ 61-1-2 Investment adviser — Unlawful acts
§ 61-1-3 Licensing of broker-dealers, agents, investment advisers, and investment adviser representatives
§ 61-1-4 Licensing and notice filing procedure
§ 61-1-5 Postlicensing provisions
§ 61-1-6 Sanctions
§ 61-1-6.5 Court-ordered discipline
§ 61-1-7 Registration before sale
§ 61-1-9 Registration by coordination
§ 61-1-10 Registration by qualification
§ 61-1-11 Provisions applicable to registration generally
§ 61-1-11.1 Hearings for certain exchanges of securities
§ 61-1-12 Denial, suspension, and revocation of registration
§ 61-1-13 Definitions
§ 61-1-14 Exemptions
§ 61-1-14.5 Burden of proving exemption
§ 61-1-15 Filing of sales literature
§ 61-1-15.5 Federal covered securities
§ 61-1-16 False statements unlawful
§ 61-1-17 No finding by division on merits — Contrary representation unlawful
§ 61-1-18 Division of Securities established — Director — Investigators
§ 61-1-18.1 Technical experts and specialists — Employment — Contracts
§ 61-1-18.2 Budget — Annual report
§ 61-1-18.3 Information obtained by division or commission — Use for personal benefit prohibited — Disclosure
§ 61-1-18.4 Fees collected by division
§ 61-1-18.5 Securities Commission — Transition
§ 61-1-18.6 Procedures — Adjudicative proceedings
§ 61-1-18.7 Funding of securities investor education, training, and enforcement
§ 61-1-18.8 Concurrence under this chapter
§ 61-1-19 Investigations authorized
§ 61-1-20 Enforcement
§ 61-1-21 Penalties for violations
§ 61-1-21.1 Limitation of prosecutions
§ 61-1-21.5 Legal counsel — Prosecutions
§ 61-1-22 Sales and purchases in violation — Remedies — Limitation of actions
§ 61-1-23 Review of orders
§ 61-1-24 Rules, forms, and orders
§ 61-1-25 Record of registrations
§ 61-1-26 Scope of the act — Service of process
§ 61-1-27 Construction of chapter
§ 61-1-28 Citation of chapter
§ 61-1-29 Savings clause
§ 61-1-31 Determining amount of fine
§ 61-1-32 Exemptions from licensure
Part 1 Securities Fraud Reporting Program Act 61-1-101 – 61-1-108
Part 2 Protection of Vulnerable Adults from Financial Exploitation Act 61-1-201 – 61-1-206

Terms Used In Utah Code > Title 61 > Chapter 1

  • Accessible housing: means housing which has been constructed or modified to be accessible, as described in the State Construction Code or an approved code under Title 15A, State Construction and Fire Codes Act. See Utah Code 35A-8-101
  • Adjudicative proceeding: means :Utah Code 48-2e-1156
  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 48-2e-1156
  • Adult Protective Services: means the same as that term is defined in Section 62A-3-301. See Utah Code 61-1-201
  • Adverse action: means to:
    (a) discharge, threaten, or directly or indirectly harass an employee; or
    (b) otherwise discriminate against an employee in any manner that affects the employee's employment, including:
    (i) compensation;
    (ii) terms;
    (iii) conditions;
    (iv) location;
    (v) rights;
    (vi) immunities;
    (vii) promotions; or
    (viii) privileges. See Utah Code 61-1-102
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • 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.
  • Affiliate: means a person that, directly or indirectly, through one or more intermediaries, controls or is controlled by, or is under common control with a person specified. See Utah Code 35A-8-415
  • Affordable housing: means housing occupied or reserved for occupancy by households whose incomes are at or below certain income requirements at rental rates affordable to such households. See Utah Code 35A-8-501
  • Agent: means an individual other than a broker-dealer who represents a broker-dealer or issuer in effecting or attempting to effect purchases or sales of securities. See Utah Code 35A-8-415
  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Area of operation: means :
    (a) in the case of an authority of a city, the city, except that the area of operation of an authority of a city does not include an area that lies within the territorial boundaries of some other city; or
    (b) in the case of an authority of a county, all of the county for which it is created except, that a county authority may not undertake a project within the boundaries of a city unless a resolution has been adopted by the governing body of the city, and by any authority which has been established and authorized to exercise its powers in the city, declaring that there is need for the county authority to exercise its powers within that city. See Utah Code 35A-8-401
  • Armed forces: means the United States Army, Navy, Air Force, Marine Corps, and Coast Guard. See Utah Code 48-2e-1156
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • authority: means a public body corporate and politic created by this part. See Utah Code 35A-8-401
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Bequest: Property gifted by will.
  • Board: means the Uintah Basin Revitalization Fund Board. See Utah Code 35A-8-1601
  • Board: means the Housing Board created by this part. See Utah Code 35A-8-501
  • Bonds: means bonds, notes, interim certificates, debentures, or other obligations issued by an authority under this part. See Utah Code 35A-8-401
  • Broker-dealer: means a person engaged in the business of effecting transactions in securities for the account of others or for the person's own account. See Utah Code 35A-8-415
  • City: means a city or town in the state. See Utah Code 35A-8-401
  • Clerk: means the city or county clerk, or the officer charged with the duties customarily imposed on the clerk. See Utah Code 35A-8-401
  • Commission: means the Securities Commission created in Section 61-1-18. See Utah Code 35A-8-415
  • Commodity: means , except as otherwise specified by the division by rule:
    (i) an agricultural, grain, or livestock product or byproduct, except real property or a timber, agricultural, or livestock product grown or raised on real property and offered or sold by the owner or lessee of the real property;
    (ii) a metal or mineral, including a precious metal, except a numismatic coin whose fair market value is at least 15% greater than the value of the metal it contains;
    (iii) a gem or gemstone, whether characterized as precious, semi-precious, or otherwise;
    (iv) a fuel, whether liquid, gaseous, or otherwise;
    (v) a foreign currency; and
    (vi) all other goods, articles, products, or items of any kind, except a work of art offered or sold by art dealers, at public auction or offered or sold through a private sale by the owner of the work. See Utah Code 35A-8-415
  • Commodity contract: means an account, agreement, or contract for the purchase or sale, primarily for speculation or investment purposes and not for use or consumption by the offeree or purchaser, of one or more commodities, whether for immediate or subsequent delivery or whether delivery is intended by the parties, and whether characterized as a cash contract, deferred shipment or deferred delivery contract, forward contract, futures contract, installment or margin contract, leverage contract, or otherwise. See Utah Code 35A-8-415
  • Commodity option: means an account, agreement, or contract giving a party to the option the right but not the obligation to purchase or sell one or more commodities or one or more commodity contracts, or both whether characterized as an option, privilege, indemnity, bid, offer, put, call, advance guaranty, decline guaranty, or otherwise. See Utah Code 35A-8-415
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • 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.
  • County: means :
    (a) Duchesne County; or
    (b) Uintah County. See Utah Code 35A-8-1601
  • County: means a county in the state. See Utah Code 35A-8-401
  • County executive: means :Utah Code 48-2e-1156
  • Covered judicial or administrative action: means a judicial or administrative action brought under this chapter that results in a monetary sanction exceeding $50,000. See Utah Code 61-1-102
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the Department of Workforce Services created in Section 35A-1-103. See Utah Code 35A-1-102
  • Dependent: A person dependent for support upon another.
  • Depository institution: means the same as that term is defined in Section 7-1-103. See Utah Code 35A-8-415
  • Devise: To gift property by will.
  • Director: means the director of the division. See Utah Code 35A-8-101
  • Director: means the director of the division appointed in accordance with Section 61-1-18. See Utah Code 35A-8-415
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Division: means the Housing and Community Development Division. See Utah Code 35A-8-101
  • Division: means the Division of Securities established by Section 61-1-18. See Utah Code 35A-8-415
  • Elderly: means a person who meets the age, disability, or other conditions established by regulation of the authority. See Utah Code 35A-8-401
  • Eligible adult: means :
    (a) an individual who is 65 years of age or older; or
    (b) a vulnerable adult as defined in Section 62A-3-301. See Utah Code 61-1-201
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Employee: means an individual who performs a service for wages or other remuneration under a contract of hire, written or oral, express or implied. See Utah Code 61-1-102
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • 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.
  • Executive director: means the executive director of the Department of Commerce. See Utah Code 35A-8-415
  • Executive director: means the executive director of the department appointed under Section 35A-1-201. See Utah Code 35A-1-102
  • Executor: includes "administrator" when the subject matter justifies the use. See Utah Code 48-2e-1156
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Federal covered adviser: means a person who:
    (i) is registered under Section 203 of the Investment Advisers Act of 1940; or
    (ii) is excluded from the definition of "investment adviser" under Section 202(a)(11) of the Investment Advisers Act of 1940. See Utah Code 35A-8-415
  • Federal covered security: means a security that is a covered security under Section 18(b) of the Securities Act of 1933 or rules or regulations promulgated under Section 18(b) of the Securities Act of 1933. See Utah Code 35A-8-415
  • Federal government: includes the United States of America, the Department of Housing and Urban Development, or any other agency or instrumentality, corporate or otherwise, of the United States. See Utah Code 35A-8-401
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • Financial exploitation of an eligible adult: means :
    (a) the wrongful or unauthorized taking, withholding, appropriation, or use of money, assets, or other property of an eligible adult; or
    (b) an act or omission, including through a power of attorney, guardianship, or conservatorship of an eligible adult, to:
    (i) obtain control, through deception, intimidation, or undue influence, over an eligible adult's money, assets, or other property to deprive the eligible adult of the ownership, use, benefit, or possession of the eligible adult's money, assets, or other property; or
    (ii) convert an eligible adult's money, assets, or other property to deprive the eligible adult of the ownership, use, benefit, or possession of the eligible adult's money, assets, or other property. See Utah Code 61-1-201
  • 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.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Fund: means the Securities Investor Education, Training, and Enforcement Fund created in Section 61-1-18. See Utah Code 61-1-102
  • Fund: means the Olene Walker Housing Loan Fund created by this part. See Utah Code 35A-8-501
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Governing body: means , in the case of a city, the council or other body of the city in which is vested legislative authority customarily imposed on the city council, and in the case of a county, the board of county commissioners. See Utah Code 35A-8-401
  • Government entity: means the state or any county, municipality, local district, special service district, or other political subdivision or administrative unit of the state, a state institution of higher education as defined in Section 53B-2-101, or a local education agency as defined in Section 53G-7-401. See Utah Code 35A-1-102
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Guaranteed: means guaranteed as to payment of principal or interest as to debt securities, or dividends as to equity securities. See Utah Code 35A-8-415
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Guardian: includes a person who:Utah Code 48-2e-1156
  • Housing project: includes :
    (i) buildings, land, equipment, facilities, and other real or personal property for necessary, convenient, or desirable appurtenances;
    (ii) streets, sewers, water service, utilities, parks, site preparation and landscaping;
    (iii) facilities for administrative, community, health, recreational, welfare, or other purposes;
    (iv) the planning of the buildings and other improvements;
    (v) the acquisition of property or any interest in the property;
    (vi) the demolition of existing structures;
    (vii) the construction, reconstruction, rehabilitation, alteration, or repair of the improvements and all other work in connection with them; and
    (viii) all other real and personal property and all tangible or intangible assets held or used in connection with the housing project. See Utah Code 35A-8-401
  • Housing sponsor: means a person who constructs, develops, rehabilitates, purchases, or owns a housing development that is or will be subject to legally enforceable restrictive covenants that require the housing development to provide, at least in part, affordable housing. See Utah Code 35A-8-501
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Investment adviser: includes a financial planner or other person who:
    (A) as an integral component of other financially related services, provides the investment advisory services described in Subsection (1)(q)(i) to others for compensation and as part of a business; or
    (B) holds the person out as providing the investment advisory services described in Subsection (1)(q)(i) to others for compensation. See Utah Code 35A-8-415
  • Investment adviser representative: means a partner, officer, director of, or a person occupying a similar status or performing similar functions, or other individual, except clerical or ministerial personnel, who:
    (I) is employed by or associated with an investment adviser who is licensed or required to be licensed under this chapter; or
    (II) has a place of business located in this state and is employed by or associated with a federal covered adviser; and
    (B) does any of the following:
    (I) makes a recommendation or otherwise renders advice regarding securities;
    (II) manages accounts or portfolios of clients;
    (III) determines which recommendation or advice regarding securities should be given;
    (IV) solicits, offers, or negotiates for the sale of or sells investment advisory services; or
    (V) supervises employees who perform any of the acts described in this Subsection (1)(r)(i)(B). See Utah Code 35A-8-415
  • Investment contract: includes :
    (i) an investment in a common enterprise with the expectation of profit to be derived through the essential managerial efforts of someone other than the investor; or
    (ii) an investment by which:
    (A) an offeree furnishes initial value to an offerer;
    (B) a portion of the initial value is subjected to the risks of the enterprise;
    (C) the furnishing of the initial value is induced by the offerer's promises or representations that give rise to a reasonable understanding that a valuable benefit of some kind over and above the initial value will accrue to the offeree as a result of the operation of the enterprise; and
    (D) the offeree does not receive the right to exercise practical and actual control over the managerial decisions of the enterprise. See Utah Code 35A-8-415
  • Issuer: means a person who issues or proposes to issue a security or has outstanding a security that it has issued. See Utah Code 35A-8-415
  • Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
  • 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.
  • Land: includes :Utah Code 48-2e-1156
  • Law enforcement agency: means the same as that term is defined in Section 53-1-102. See Utah Code 61-1-201
  • 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
  • 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.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Major disaster: means a flood, drought, fire, hurricane, earthquake, storm, or other catastrophe, which in the determination of the governing body is of sufficient severity and magnitude to warrant the use of available resources of the federal, state, and local governments to alleviate the damage, hardship, or suffering caused. See Utah Code 35A-8-401
  • Mayor: means the mayor of the city or the officer charged with the duties customarily imposed on the mayor or executive head of a city. See Utah Code 35A-8-401
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Monetary sanction: means money required to be paid under this chapter as the result of a judicial or administrative action, including a penalty or disgorgement. See Utah Code 61-1-102
  • Month: means a calendar month, unless otherwise expressed. See Utah Code 48-2e-1156
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • Nonissuer: means not directly or indirectly for the benefit of the issuer. See Utah Code 35A-8-415
  • Oath: includes "affirmation. See Utah Code 48-2e-1156
  • 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.
  • obligee: includes a bondholder, agent or trustee for a bondholder, a lessor demising to the authority used in connection with a project, an assignee or assignees of the lessor's interest in whole or in part, and the federal government when it is a party to a contract with the authority. See Utah Code 35A-8-401
  • 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 35A-8-415
  • Original information: means information that is:
    (a) derived from the independent knowledge or analysis of an individual;
    (b) not known to the division or commission from a source other than the individual; and
    (c) unless the individual is the source of the information, not exclusively derived from:
    (i) an allegation made in a judicial or administrative hearing;
    (ii) a government report, hearing, audit, or investigation; or
    (iii) the media. See Utah Code 61-1-102
  • 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 48-2e-1156
  • 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 35A-8-415
  • Personal property: includes :Utah Code 48-2e-1156
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 48-2e-1156
  • project: means a work or undertaking, on contiguous or noncontiguous sites to:
    (i) demolish, clear, or remove buildings from a blighted area;
    (ii) provide or assist in providing decent, safe, and sanitary urban or rural dwellings, apartments, or other living accommodations for persons of medium and low income by any suitable methods, including rental, sale of individual units in single or multifamily structures under conventional condominium, cooperative sales contract, lease-purchase agreement, loans, or subsidizing of rentals or charges; or
    (iii) accomplish a combination of Subsections (11)(a)(i) and (ii). See Utah Code 35A-8-401
  • Promoter: means a person who, acting alone or in concert with one or more persons, takes initiative in founding or organizing the business or enterprise of a person. See Utah Code 35A-8-415
  • Property: includes both real and personal property. See Utah Code 48-2e-1156
  • Public body: means a city, county or municipal corporation, commission, district, authority, agency, subdivision, or other body of the foregoing. See Utah Code 35A-8-401
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • purchase: means a contract for purchase of, contract to buy, or acquisition of a security or interest in a security for value. See Utah Code 35A-8-415
  • Qualified individual: means :
    (a) an agent;
    (b) an investment adviser representative; or
    (c) an individual who serves in a supervisory, compliance, or legal capacity for a broker-dealer or an investment adviser. See Utah Code 61-1-201
  • Quorum: The number of legislators that must be present to do business.
  • real property: includes :Utah Code 48-2e-1156
  • record: means information that is:
    (A) inscribed in a tangible medium; or
    (I) stored in an electronic or other medium; and
    (II) retrievable in perceivable form. See Utah Code 35A-8-415
  • Reporter: means an individual who provides original information relating to a violation in accordance with Section 61-1-103. See Utah Code 61-1-102
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Rural: means a county in the state other than Utah, Salt Lake, Davis, or Weber. See Utah Code 35A-8-501
  • Securities Exchange Commission: means the United States Securities Exchange Commission created by the Securities Exchange Act of 1934. See Utah Code 35A-8-415
  • 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 35A-8-415
  • 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 35A-8-415
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 48-2e-1156
  • Stabilization: means addressing the basic living, family care, and social or psychological needs of the client so that the client may take advantage of training or employment opportunities provided under this title or through other agencies or institutions. See Utah Code 35A-1-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 48-2e-1156
  • State: means a state, territory, or possession of the United States, the District of Columbia, and Puerto Rico. See Utah Code 35A-8-415
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Testify: means to make an oral statement under oath or affirmation. See Utah Code 48-2e-1156
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tribe: means the Ute Indian Tribe of the Uintah and Ouray Reservation. See Utah Code 35A-8-1601
  • Trustee: A person or institution holding and administering property in trust.
  • Undue influence: means that a person uses a relationship or position of authority, trust, or confidence:
    (i) that is unrelated to a relationship created:
    (A) in the ordinary course of making investments regulated under this chapter; or
    (B) by a licensee providing services under this chapter;
    (ii) that results in:
    (A) an investor perceiving the person as having heightened credibility, personal trustworthiness, or dependability; or
    (B) the person having special access to or control of an investor's financial resources, information, or circumstances; and
    (iii) to:
    (A) exploit the trust, dependence, or fear of the investor;
    (B) knowingly assist or cause another to exploit the trust, dependence, or fear of the investor; or
    (C) gain control deceptively over the decision making of the investor. See Utah Code 35A-8-415
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 48-2e-1156
  • Vulnerable adult: means an individual whose age or mental or physical impairment substantially affects that individual's ability to:
    (i) manage the individual's resources; or
    (ii) comprehend the nature and consequences of making an investment decision. See Utah Code 35A-8-415
  • Working days: means 8 a. See Utah Code 35A-8-415
  • Writ: means an order or precept in writing, issued in the name of:Utah Code 48-2e-1156
  • Writing: includes :Utah Code 48-2e-1156
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