§ 7-19-1 Definitions
§ 7-19-2 Supervisory acquisition or merger authorized or required by commissioner
§ 7-19-3 Waiver of procedures
§ 7-19-4 Rights and powers of acquired or resulting institution or holding company
§ 7-19-5 Findings prerequisite to requiring or authorizing supervisory acquisitions or mergers by commissioner
§ 7-19-5.5 Transferred assets free of encumbrances
§ 7-19-9 Commissioner’s powers not limited — Immunity — Rules — Reports

Terms Used In Utah Code > Title 7 > Chapter 19

  • Accuser: means a person who:
    (a) signs and swears to charges;
    (b) directs that charges nominally be signed and sworn to by another; or
    (c) any other person who has an interest other than an official interest in the prosecution of the accused. See Utah Code 20A-11-1702
  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Active voter: means a registered voter who has not been classified as an inactive voter by the county clerk. See Utah Code 20A-1-102
  • Address: means the number and street where an individual resides or where a reporting entity has its principal office. See Utah Code 20A-11-101
  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 48-2e-1156
  • 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.
  • Amortization: Paying off a loan by regular installments.
  • 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.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • 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.
  • Armed forces: means the United States Army, Navy, Air Force, Marine Corps, and Coast Guard. See Utah Code 48-2e-1156
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Ballot: includes ballot sheets, paper ballots, electronic ballots, and secrecy envelopes. See Utah Code 20A-1-102
  • Ballot proposition: means a question, issue, or proposal that is submitted to voters on the ballot for their approval or rejection including:
    (a) an opinion question specifically authorized by the Legislature;
    (b) a constitutional amendment;
    (c) an initiative;
    (d) a referendum;
    (e) a bond proposition;
    (f) a judicial retention question;
    (g) an incorporation of a city or town; or
    (h) any other ballot question specifically authorized by the Legislature. See Utah Code 20A-1-102
  • Ballot proposition: includes initiatives, referenda, proposed constitutional amendments, and any other ballot propositions submitted to the voters that are authorized by the Utah Code Annotated 1953. See Utah Code 20A-11-101
  • Ballot proposition: includes constitutional amendments, initiatives, referenda, judicial retention questions, opinion questions, or other questions submitted to the voters for their approval or rejection. See Utah Code 20A-11-1402
  • 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 State Board of Education. See Utah Code 20A-14-101.1
  • Board shapefile: means the electronic shapefile that stores the boundary of each of the 15 State Board of Education districts. See Utah Code 20A-14-101.1
  • Candidate: means any person who:
    (a) files a declaration of candidacy for a public office; or
    (b) receives contributions, makes expenditures, or gives consent for any other person to receive contributions or make expenditures to bring about the person's nomination or election to a public office. See Utah Code 20A-11-101
  • Canvass: means the review of election returns and the official declaration of election results by the board of canvassers. See Utah Code 20A-1-102
  • Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
  • Chief election officer: means :
    (a) the lieutenant governor for state office candidates, legislative office candidates, officeholders, political parties, political action committees, corporations, political issues committees, state school board candidates, judges, and labor organizations, as defined in Section 20A-11-1501; and
    (b) the county clerk for local school board candidates. See Utah Code 20A-11-101
  • Commanding officer: means both a commissioned officer and a warrant officer designated as a commander. See Utah Code 20A-11-1702
  • Commissioned officer: includes a commissioned warrant officer. See Utah Code 20A-11-1702
  • Commissioner: means the Commissioner of Financial Institutions. See Utah Code 7-1-103
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Conflict of interest: means an action that is taken by a regulated officeholder that the officeholder reasonably believes may cause direct financial benefit or detriment to the officeholder, a member of the officeholder's immediate family, or an individual or entity that the officeholder is required to disclose under the provisions of this section, if that benefit or detriment is distinguishable from the effects of that action on the public or on the officeholder's profession, occupation, or association generally. See Utah Code 20A-11-1602
  • Congressional shapefile: means the electronic shapefile that stores the boundary of each of the four United States Congressional district boundaries for Utah. See Utah Code 20A-13-101.1
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Contribution: means any of the following when done for political purposes:
    (i) a gift, subscription, donation, loan, advance, or deposit of money or anything of value given to the filing entity;
    (ii) an express, legally enforceable contract, promise, or agreement to make a gift, subscription, donation, unpaid or partially unpaid loan, advance, or deposit of money or anything of value to the filing entity;
    (iii) any transfer of funds from another reporting entity to the filing entity;
    (iv) compensation paid by any person or reporting entity other than the filing entity for personal services provided without charge to the filing entity;
    (v) remuneration from:
    (A) any organization or its directly affiliated organization that has a registered lobbyist; or
    (B) any agency or subdivision of the state, including school districts;
    (vi) a loan made by a candidate deposited to the candidate's own campaign; and
    (vii) in-kind contributions. See Utah Code 20A-11-101
  • Contribution: means any of the following when done for political purposes:
    (i) a gift, subscription, donation, loan, advance, or deposit of money or anything of value given to the judge or the judge's personal campaign committee;
    (ii) an express, legally enforceable contract, promise, or agreement to make a gift, subscription, donation, unpaid or partially unpaid loan, advance, or deposit of money or anything of value to the judge or the judge's personal campaign committee;
    (iii) any transfer of funds from another reporting entity or a corporation to the judge or the judge's personal campaign committee;
    (iv) compensation paid by any person or reporting entity other than the judge or the judge's personal campaign committee for personal services provided without charge to the judge or the judge's personal campaign committee; and
    (v) goods or services provided to or for the benefit of the judge or the judge's personal campaign committee at less than fair market value. See Utah Code 20A-12-301
  • Control: means the power, directly or indirectly, or through or in concert with one or more persons, to:
    (a) direct or exercise a controlling influence over:
    (i) the management or policies of a financial institution; or
    (ii) the election of a majority of the directors or trustees of an institution;
    (b) vote 20% or more of any class of voting securities of a financial institution by an individual; or
    (c) vote more than 10% of any class of voting securities of a financial institution by a person other than an individual. See Utah Code 7-1-103
  • Convening authority: means the governor or the adjutant general. See Utah Code 20A-11-1702
  • Convention: means the political party convention at which party officers and delegates are selected. See Utah Code 20A-1-102
  • 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.
  • Corporation: means a domestic or foreign, profit or nonprofit, business organization that is registered as a corporation or is authorized to do business in a state and makes any expenditure from corporate funds for:
    (i) the purpose of expressly advocating for political purposes; or
    (ii) the purpose of expressly advocating the approval or the defeat of any ballot proposition. See Utah Code 20A-11-101
  • County executive: means :Utah Code 48-2e-1156
  • County legislative body: means :Utah Code 48-2e-1156
  • Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
  • Covered voter: means :
    (a) a uniformed-service voter or an overseas voter who is registered to vote in the state; or
    (b) a uniformed-service voter whose voting residence is in the state and who otherwise satisfies the state's voter eligibility requirements. See Utah Code 20A-16-102
  • Cross examine: Questioning of a witness by the attorney for the other side.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • 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 Financial Institutions. See Utah Code 7-1-103
  • Dependent: A person dependent for support upon another.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Depository institution: means a bank, savings and loan association, savings bank, industrial bank, credit union, or other institution that:
    (a) holds or receives deposits, savings, or share accounts;
    (b) issues certificates of deposit; or
    (c) provides to its customers other depository accounts that are subject to withdrawal by checks, drafts, or other instruments or by electronic means to effect third party payments. See Utah Code 7-1-103
  • Depository institution holding company: means :
    (i) a person other than an individual that:
    (A) has control over a depository institution; or
    (B) becomes a holding company of a depository institution under Section 7-1-703; or
    (ii) a person other than an individual that the commissioner finds, after considering the specific circumstances, is exercising or is capable of exercising a controlling influence over a depository institution by means other than those specifically described in this section. See Utah Code 7-1-103
  • Detailed listing: means :
    (a) for each contribution or public service assistance:
    (i) the name and address of the individual or source making the contribution or public service assistance, except to the extent that the name or address of the individual or source is unknown;
    (ii) the amount or value of the contribution or public service assistance; and
    (iii) the date the contribution or public service assistance was made; and
    (b) for each expenditure:
    (i) the amount of the expenditure;
    (ii) the person or entity to whom it was disbursed;
    (iii) the specific purpose, item, or service acquired by the expenditure; and
    (iv) the date the expenditure was made. See Utah Code 20A-11-101
  • Detailed listing: means :
    (a) for each contribution:
    (i) the name and address of the individual or source making the contribution, to the extent that the name or address of the individual or source is known;
    (ii) the amount or value of the contribution; and
    (iii) the date the contribution was made; and
    (b) for each expenditure:
    (i) the amount of the expenditure;
    (ii) the person or entity to whom it was disbursed;
    (iii) the specific purpose, item, or service acquired by the expenditure; and
    (iv) the date the expenditure was made. See Utah Code 20A-12-301
  • Devise: To gift property by will.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Donor: The person who makes a gift.
  • Elected official: means :
    (a) a person elected to an office under Section 20A-1-303 or Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project;
    (b) a person who is considered to be elected to a municipal office in accordance with Subsection 20A-1-206(1)(c)(ii); or
    (c) a person who is considered to be elected to a local district office in accordance with Subsection 20A-1-206(3)(c)(ii). See Utah Code 20A-1-102
  • Election: means a regular general election, a municipal general election, a statewide special election, a local special election, a regular primary election, a municipal primary election, and a local district election. See Utah Code 20A-1-102
  • Election: means each:
    (a) regular general election;
    (b) regular primary election; and
    (c) special election at which candidates are eliminated and selected. See Utah Code 20A-11-101
  • Election Assistance Commission: means the commission established by the Help America Vote Act of 2002, Pub. See Utah Code 20A-1-102
  • Election cycle: means the period beginning on the first day persons are eligible to file declarations of candidacy and ending when the canvass is completed. See Utah Code 20A-1-102
  • Election officer: means :
    (a) the lieutenant governor, for all statewide ballots and elections;
    (b) the county clerk for:
    (i) a county ballot and election; and
    (ii) a ballot and election as a provider election officer as provided in Section 20A-5-400. See Utah Code 20A-1-102
  • Election official: means any election officer, election judge, or poll worker. See Utah Code 20A-1-102
  • Election results: means :
    (a) for an election other than a bond election, the count of votes cast in the election and the election returns requested by the board of canvassers; or
    (b) for bond elections, the count of those votes cast for and against the bond proposition plus any or all of the election returns that the board of canvassers may request. See Utah Code 20A-1-102
  • Enlisted member: means a person in an enlisted grade. See Utah Code 20A-11-1702
  • Entity: means a corporation, a partnership, a limited liability company, a limited partnership, a sole proprietorship, an association, a cooperative, a trust, an organization, a joint venture, a governmental entity, an unincorporated organization, or any other legal entity, regardless of whether it is established primarily for the purpose of gain or economic profit. See Utah Code 20A-11-1602
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • 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.
  • Executor: includes "administrator" when the subject matter justifies the use. See Utah Code 48-2e-1156
  • Expenditure: means any of the following made by a reporting entity or an agent of a reporting entity on behalf of the reporting entity:
    (i) any disbursement from contributions, receipts, or from the separate bank account required by this chapter;
    (ii) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of value made for political purposes;
    (iii) an express, legally enforceable contract, promise, or agreement to make any purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of value for political purposes;
    (iv) compensation paid by a filing entity for personal services rendered by a person without charge to a reporting entity;
    (v) a transfer of funds between the filing entity and a candidate's personal campaign committee; or
    (vi) goods or services provided by the filing entity to or for the benefit of another reporting entity for political purposes at less than fair market value. See Utah Code 20A-11-101
  • Expenditure: means :
    (i) any disbursement from contributions or from the separate bank account required by this chapter;
    (ii) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of value made for political purposes;
    (iii) an express, legally enforceable contract, promise, or agreement to make any purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of value for political purposes;
    (iv) compensation paid by a corporation or reporting entity for personal services rendered by a person without charge to the judge or the judge's personal campaign committee;
    (v) a transfer of funds between the judge's personal campaign committee and another judge's personal campaign committee; or
    (vi) goods or services provided by the judge's personal campaign committee to or for the benefit of another judge for political purposes at less than fair market value. See Utah Code 20A-12-301
  • Failing or failed depository institution: means a depository institution under the jurisdiction of the department:
    (a) regarding which the commissioner makes a finding that any of the conditions set forth in Subsections 7-2-1(1)(a) through (k) exist;
    (b) that meets the requirements of Subsection 7-2-1(1)(l);
    (c) whose shareholders have consented to a supervisory action by the commissioner pursuant to Subsection 7-2-1(2); or
    (d) which is in the possession of the commissioner, or any receiver or liquidator appointed by the commissioner, pursuant to Chapter 2, Possession of Depository Institution by Commissioner. See Utah Code 9-7-506
  • Failing or failed depository institution holding company: means a depository institution holding company under the jurisdiction of the department:
    (a) regarding which the commissioner makes a finding that any of the conditions set forth in Subsections 7-2-1(1)(a) through (k) exist;
    (b) that meets the requirements of Subsection 7-2-1(1)(l);
    (c) whose shareholders have consented to a supervisory action by the commissioner pursuant to Subsection 7-2-1(2);
    (d) which is in the possession of the commissioner, or any receiver or liquidator appointed by the commissioner, pursuant to Chapter 2, Possession of Depository Institution by Commissioner; or
    (e) whose subsidiary depository institution is a failing or failed depository institution. See Utah Code 9-7-506
  • 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 postcard application: means the application prescribed under the Uniformed and Overseas Citizens Absentee Voting Act, Sec. See Utah Code 20A-16-102
  • Federal write-in absentee ballot: means the ballot described in the Uniformed and Overseas Citizens Absentee Voting Act, Sec. See Utah Code 20A-16-102
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • Filing officer: means :
    (a) the lieutenant governor, for the office of a state constitutional officer or State Board of Education member; or
    (b) the county clerk in the county of the candidate's residence, for a state legislative office. See Utah Code 20A-11-1602
  • Financial statement: includes any summary report, interim report, verified financial statement, or other statement disclosing contributions, expenditures, receipts, donations, or disbursements that is required by this chapter or Chapter 12, Part 2, Judicial Retention Elections. See Utah Code 20A-11-101
  • 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.
  • Fraud: Intentional deception resulting in injury to another.
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grade: means a step or degree in a graduated scale of office or military rank, established and designated as a grade by law or regulation. See Utah Code 20A-11-1702
  • Income: means earnings, compensation, or any other payment made to an individual for gain, regardless of source, whether denominated as wages, salary, commission, pay, bonus, severance pay, incentive pay, contract payment, interest, per diem, expenses, reimbursement, dividends, or otherwise. See Utah Code 20A-11-1602
  • Independent expenditure: includes :
    (i) the cost of creating and disseminating material for a public communication, including design and production costs; and
    (ii) a contract or other promise to make an expenditure described in Subsection (2)(a) or (2)(b)(i). See Utah Code 20A-11-1702
  • Individual: means a natural person. See Utah Code 20A-11-101
  • Individual: means a natural person. See Utah Code 20A-12-301
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Institution: means :
    (a) a corporation;
    (b) a limited liability company;
    (c) a partnership;
    (d) a trust;
    (e) an association;
    (f) a joint venture;
    (g) a pool;
    (h) a syndicate;
    (i) an unincorporated organization; or
    (j) any form of business entity. See Utah Code 7-1-103
  • 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
  • Interim report: means a report identifying the contributions received and expenditures made since the last report. See Utah Code 20A-11-101
  • Interim report: means a report identifying the contributions received and expenditures made since the last report. See Utah Code 20A-12-301
  • Judicial office: means the office filled by any judicial officer. See Utah Code 20A-1-102
  • 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.
  • labor organization: includes each employee association and union for employees of public and private sector employers. See Utah Code 20A-11-1402
  • Labor organization: includes an employee association and union for employees of public and private sector employers. See Utah Code 20A-11-1501
  • 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
  • Legal officer: means any commissioned officer of the organized National Guard of the state designated to perform legal duties for a command. See Utah Code 20A-11-1702
  • Legislative office: means the office of state senator, state representative, speaker of the House of Representatives, president of the Senate, and the leader, whip, and assistant whip of any party caucus in either house of the Legislature. See Utah Code 20A-11-101
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Library board: means the library board of directors appointed locally as authorized by Section 9-7-402 or 9-7-502 and which exercises general policy authority for library services within a city or county of the state, regardless of the title by which the board is known locally. See Utah Code 9-7-101
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Liquidator: means a person, agency, or instrumentality of this state or the United States appointed to conduct a liquidation. See Utah Code 7-1-103
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Local election: means a regular county election, a regular municipal election, a municipal primary election, a local special election, a local district election, and a bond election. See Utah Code 20A-1-102
  • Local special election: means a special election called by the governing body of a local political subdivision in which all registered voters of the local political subdivision may vote. See Utah Code 20A-1-102
  • MACOM: means a major subdivision of the Utah National Guard. See Utah Code 20A-11-1702
  • Marital deduction: The deduction(s) that can be taken in the determination of gift and estate tax liabilities because of the existence of a marriage or marital relationship.
  • Military: means any or all of the armed forces of the United States. See Utah Code 20A-11-1702
  • Military court: means a court-martial, a court of inquiry, or a provost court. See Utah Code 20A-11-1702
  • Military judge: means a qualified staff judge advocate officer of a military court detailed under Section 39-6-20. See Utah Code 20A-11-1702
  • Military-overseas ballot: means :
    (a) a federal write-in absentee ballot;
    (b) a ballot specifically prepared or distributed for use by a covered voter in accordance with this chapter; or
    (c) a ballot cast by a covered voter in accordance with this chapter. See Utah Code 20A-16-102
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • 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.
  • Municipal general election: means the election held in municipalities and, as applicable, local districts on the first Tuesday after the first Monday in November of each odd-numbered year for the purposes established in Section 20A-1-202. See Utah Code 20A-1-102
  • Municipal legislative body: means :
    (a) the council of the city or town in any form of municipal government; or
    (b) the council of a metro township. See Utah Code 20A-1-102
  • Municipal primary election: means an election held to nominate candidates for municipal office. See Utah Code 20A-1-102
  • Municipality: means a city, town, or metro township. See Utah Code 20A-1-102
  • National Guard: means the Utah Army and Air National Guard, including part-time and full-time active guard and reserve (AGR), and includes the Utah unorganized militia when called to active duty by the governor of the state. See Utah Code 20A-11-1702
  • 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.
  • Officeholder: means a person who holds a public office. See Utah Code 20A-11-101
  • Officer: means commissioned or warrant officer. See Utah Code 20A-11-1702
  • Official ballot: means the ballots distributed by the election officer to the poll workers to be given to voters to record their votes. See Utah Code 20A-1-102
  • Official register: means the official record furnished to election officials by the election officer that contains the information required by Section 20A-5-401. See Utah Code 20A-1-102
  • Out-of-state: means , in reference to a depository institution or depository institution holding company, an institution or company whose home state is not Utah. See Utah Code 7-1-103
  • Overseas voter: means a United States citizen who is outside the United States. See Utah Code 20A-16-102
  • Owner or officer: includes :
    (i) a member of a board of directors or other governing body of an entity; or
    (ii) a partner in any type of partnership. See Utah Code 20A-11-1602
  • 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 :
    (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
  • Person: means both natural and legal persons, including individuals, business organizations, personal campaign committees, party committees, political action committees, political issues committees, and labor organizations, as defined in Section 20A-11-1501. See Utah Code 20A-11-101
  • Personal campaign committee: means the committee appointed by a candidate to act for the candidate as provided in this chapter. See Utah Code 20A-11-101
  • Personal campaign committee: means the committee appointed by a judge to act for the judge as provided in this chapter. See Utah Code 20A-12-301
  • 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.
  • Political action committee: includes groups affiliated with a registered political party but not authorized or organized by the governing board of the registered political party that receive contributions or makes expenditures for political purposes. See Utah Code 20A-11-101
  • Political convention: means a county or state political convention held by a registered political party to select candidates. See Utah Code 20A-11-101
  • Political fund: means a separate segregated fund established by a labor organization for political purposes that meets the requirements of this part. See Utah Code 20A-11-1402
  • Political issues committee: means an entity, or any group of individuals or entities within or outside this state, a major purpose of which is to:
    (i) solicit or receive donations from any other person, group, or entity to assist in placing a ballot proposition on the ballot, assist in keeping a ballot proposition off the ballot, or to advocate that a voter refrain from voting or vote for or vote against any ballot proposition;
    (ii) make expenditures to expressly advocate for any person to sign or refuse to sign a ballot proposition or incorporation petition or refrain from voting, vote for, or vote against any proposed ballot proposition or an incorporation in an incorporation election; or
    (iii) make expenditures to assist in qualifying or placing a ballot proposition on the ballot or to assist in keeping a ballot proposition off the ballot. See Utah Code 20A-11-101
  • Political issues expenditure: means any of the following when made by a political issues committee or on behalf of a political issues committee by an agent of the reporting entity:
    (i) any payment from political issues contributions made for the purpose of influencing the approval or the defeat of:
    (A) a ballot proposition; or
    (B) an incorporation petition or incorporation election;
    (ii) a purchase, payment, distribution, loan, advance, deposit, or gift of money made for the express purpose of influencing the approval or the defeat of:
    (A) a ballot proposition; or
    (B) an incorporation petition or incorporation election;
    (iii) an express, legally enforceable contract, promise, or agreement to make any political issues expenditure;
    (iv) compensation paid by a reporting entity for personal services rendered by a person without charge to a political issues committee; or
    (v) goods or services provided to or for the benefit of another reporting entity at less than fair market value. See Utah Code 20A-11-101
  • Political party: means an organization of registered voters that has qualified to participate in an election by meeting the requirements of Chapter 8, Political Party Formation and Procedures. See Utah Code 20A-1-102
  • Political purposes: means an act done with the intent or in a way to influence or tend to influence, directly or indirectly, any person to refrain from voting or to vote for or against any candidate for public office at any caucus, political convention, primary, or election. See Utah Code 20A-11-1402
  • Political purposes: means an act done with the intent or in a way to influence or tend to influence, directly or indirectly, any person to refrain from voting or to vote for or against any:
    (a) candidate or a person seeking a municipal or county office at any caucus, political convention, or election; or
    (b) judge standing for retention at any election. See Utah Code 20A-11-101
  • Pollbook: means a record of the names of voters in the order that they appear to cast votes. See Utah Code 20A-1-102
  • Position: means a square, circle, rectangle, or other geometric shape on a ballot in which the voter marks the voter's choice. See Utah Code 20A-1-102
  • Preceding year: means the year immediately preceding the day on which the regulated officeholder files a financial disclosure form. See Utah Code 20A-11-1602
  • Primary election: means any regular primary election held under the election laws. See Utah Code 20A-11-101
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 48-2e-1156
  • Property: includes both real and personal property. See Utah Code 48-2e-1156
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public office: means the office of governor, lieutenant governor, state auditor, state treasurer, attorney general, state school board member, state senator, state representative, speaker of the House of Representatives, president of the Senate, and the leader, whip, and assistant whip of any party caucus in either house of the Legislature. See Utah Code 20A-11-101
  • Public service assistance: means the following when given or provided to an officeholder to defray the costs of functioning in a public office or aid the officeholder to communicate with the officeholder's constituents:
    (i) a gift, subscription, donation, unpaid or partially unpaid loan, advance, or deposit of money or anything of value to an officeholder; or
    (ii) goods or services provided at less than fair market value to or for the benefit of the officeholder. See Utah Code 20A-11-101
  • qualified: means to take the oath of office and begin performing the duties of the position for which the person was elected. See Utah Code 20A-1-102
  • Quorum: The number of legislators that must be present to do business.
  • Rank: means the order of precedence among members of the armed forces. See Utah Code 20A-11-1702
  • real property: includes :Utah Code 48-2e-1156
  • Receipts: means contributions and public service assistance. See Utah Code 20A-11-101
  • Receiver: means a person, agency, or instrumentality of this state or the United States appointed to administer and manage an institution subject to the jurisdiction of the department in receivership, as provided in Chapter 2, Possession of Depository Institution by Commissioner, and Chapter 19, Acquisition of Failing Depository Institutions or Holding Companies. See Utah Code 7-1-103
  • Registered political party: means an organization of voters that:
    (a) participated in the last regular general election and polled a total vote equal to 2% or more of the total votes cast for all candidates for the United States House of Representatives for any of its candidates for any office; or
    (b) has complied with the petition and organizing procedures of Chapter 8, Political Party Formation and Procedures. See Utah Code 20A-11-101
  • Regular ballot: means a ballot that is not a provisional ballot. See Utah Code 20A-1-102
  • Regular general election: means the election held throughout the state on the first Tuesday after the first Monday in November of each even-numbered year for the purposes established in Section 20A-1-201. See Utah Code 20A-1-102
  • Regular primary election: means the election on the fourth Tuesday of June of each even-numbered year, to nominate candidates of political parties and candidates for nonpartisan local school board positions to advance to the regular general election. See Utah Code 20A-1-102
  • Regulated officeholder: means an individual who is required to file a financial disclosure form under the provisions of this part. See Utah Code 20A-11-1602
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • 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).
  • Reporting entity: means a candidate, a candidate's personal campaign committee, a judge, a judge's personal campaign committee, an officeholder, a party committee, a political action committee, a political issues committee, a corporation, or a labor organization, as defined in Section 20A-11-1501. See Utah Code 20A-11-101
  • Resident: means a person who resides within a specific voting precinct in Utah. See Utah Code 20A-1-102
  • Road: includes :Utah Code 48-2e-1156
  • School board office: means the office of state school board. See Utah Code 20A-11-101
  • Servicemember: means a resident of this state who is a member of the Utah National Guard or a reserve component of the United States Armed Forces in this state. See Utah Code 22-3-401
  • 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.
  • Shapefile: means the digital vector storage format for storing geometric location and associated attribute information. See Utah Code 20A-13-101.1
  • Shapefile: means the digital vector storage format for storing geometric location and associated attribute information. See Utah Code 20A-14-101.1
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 48-2e-1156
  • SJA: means the commissioned judge advocate general's corps officer responsible for supervising the delivery of legal services in the National Guard. See Utah Code 20A-11-1702
  • Source: means the person or entity that is the legal owner of the tangible or intangible asset that comprises the contribution. See Utah Code 20A-11-101
  • Special election: means an election held as authorized by Section 20A-1-203. See Utah Code 20A-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 , 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
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Utah Code 20A-16-102
  • State active duty: means full-time duty in the active military service of the state under an order of the governor, issued pursuant to the governor's authority, and includes going to and returning from the duty. See Utah Code 20A-11-1702
  • State constitutional officer: means the governor, the lieutenant governor, the state auditor, the state treasurer, or the attorney general. See Utah Code 20A-11-1602
  • Statewide special election: means a special election called by the governor or the Legislature in which all registered voters in Utah may vote. See Utah Code 20A-1-102
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Stub: means the detachable part of each ballot. See Utah Code 20A-1-102
  • Subsidiary: means a business entity under the control of an institution. See Utah Code 7-1-103
  • Summary report: means the year-end report containing the summary of a reporting entity's contributions and expenditures. See Utah Code 20A-12-301
  • Summary report: means the year end report containing the summary of a reporting entity's contributions and expenditures. See Utah Code 20A-11-101
  • Superior commissioned officer: means a commissioned officer superior to another in rank or command. See Utah Code 20A-11-1702
  • Supervisory acquisition: means the acquisition of control, the acquisition of all or a portion of the assets, or the assumption of all or a portion of the liabilities, pursuant to Section 7-2-1, 7-2-12, or 7-2-18, of a failing or failed depository institution or a failing or failed depository institution holding company, whether or not in the possession of the commissioner, by:
    (a) a Utah depository institution;
    (b) an out-of-state depository institution;
    (c) a Utah depository institution holding company; or
    (d) an out-of-state depository institution holding company. See Utah Code 9-7-506
  • Supervisory merger: means the merger or consolidation, pursuant to Section 7-2-1, 7-2-12, or 7-2-18 of a failing or failed depository institution or a failing or failed depository institution holding company, whether or not in the possession of the commissioner, with:
    (a) a Utah depository institution;
    (b) an out-of-state depository institution;
    (c) a Utah depository institution holding company; or
    (d) an out-of-state depository institution holding company. See Utah Code 9-7-506
  • Swear: includes "affirm. See Utah Code 48-2e-1156
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Testator: A male person who leaves a will at death.
  • 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.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Union dues: means dues, fees, money, or other assessments required as a condition of membership or participation in a labor organization. See Utah Code 20A-11-1402
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 48-2e-1156
  • United States: means the several states, the District of Columbia, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States. See Utah Code 20A-16-102
  • Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:Utah Code 48-2e-1156
  • Utah depository institution: means a depository institution whose home state is Utah. See Utah Code 7-1-103
  • Utah depository institution holding company: means a depository institution holding company whose home state is Utah. See Utah Code 7-1-103
  • UtCMJ: means Title 39, Chapter 6, Utah Code of Military Justice. See Utah Code 20A-11-1702
  • Vacancy: means the absence of a person to serve in any position created by statute, whether that absence occurs because of death, disability, disqualification, resignation, or other cause. See Utah Code 20A-1-102
  • Verdict: The decision of a petit jury or a judge.
  • Voter: means a person who:
    (a) meets the requirements for voting in an election;
    (b) meets the requirements of election registration;
    (c) is registered to vote; and
    (d) is listed in the official register book. See Utah Code 20A-1-102
  • Voting precinct: means the smallest voting unit established as provided by law within which qualified voters vote at one polling place. See Utah Code 20A-1-102
  • Write-in ballot: means a ballot containing any write-in votes. See Utah Code 20A-1-102
  • Writing: includes :Utah Code 48-2e-1156
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