Utah Code > Title 7 > Chapter 19 – Acquisition of Failing Depository Institutions or Holding Companies
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Terms Used In Utah Code > Title 7 > Chapter 19 - Acquisition of Failing Depository Institutions or Holding Companies
- 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
- 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.
- Ammunition: means a bullet, a cartridge case, primer, propellant powder, or other ammunition designed for use in any firearm, either as an individual component part or in a completely assembled cartridge. See Utah Code 53-5d-102
- 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, Space Force, and Coast Guard. See Utah Code 68-3-12.5
- 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.
- Ballot: means the storage medium, including a paper, mechanical, or electronic storage medium, that records an individual voter's vote. 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 - Board: means the State Library Board created in Section 9-7-204. See Utah Code 9-7-101
- Board of canvassers: means the entities established by Sections 20A-4-301 and 20A-4-306 to canvass election returns. See Utah Code 20A-1-102
- Bond election: means an election held for the purpose of approving or rejecting the proposed issuance of bonds by a government entity. See Utah Code 20A-1-102
- 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
- Commissioner: means the commissioner of public safety appointed under Section 53-1-107. See Utah Code 53-1-102
- 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.
- Contract: A legal written agreement that becomes binding when signed.
- 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; or (b) vote 25% or more of any class of voting securities of a financial institution. See Utah Code 7-1-103 - 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.
- Counting center: means one or more locations selected by the election officer in charge of the election for the automatic counting of ballots. See Utah Code 20A-1-102
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Department: means the Department of Public Safety created in Section 53-1-103. See Utah Code 53-1-102
- Department: means the Department of Financial Institutions. See Utah Code 7-1-103
- Department: means the Department of Cultural and Community Engagement. See Utah Code 9-1-102
- 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 - Digital library: means the web-accessible digital library of state publications created under Section 9-7-208. See Utah Code 9-7-101 v2
- Division: means the State Library Division. See Utah Code 9-7-101
- Donor: The person who makes a gift.
- 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 special district election. See Utah Code 20A-1-102
- Election day voting center: means a polling place designated by an election officer to provide for voting on election day for an individual who:
(a) is eligible to vote; and (b) resides within the political subdivision holding the election. See Utah Code 20A-3a-701 - 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
- 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.
- 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 7-19-1 - 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 7-19-1 - Fraud: Intentional deception resulting in injury to another.
- Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
- Inactive voter: means a registered voter who is listed as inactive by a county clerk under Subsection 20A-2-505(4)(c)(i) or (ii). See Utah Code 20A-1-102
- 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 - 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.
- Legislative publication: means :
(a) the Utah Code after the legislative staff office prepares an updated Utah Code database incorporating amendments to the Utah Code; (b) the Laws of Utah; and (c) the Utah Constitution after the legislative staff office incorporates into the Utah Constitution amendments to the Utah Constitution that passed during the preceding regular general election. See Utah Code 9-7-101 - Legislative staff office: means the Office of Legislative Research and General Counsel. See Utah Code 9-7-101
- 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
- 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
- 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
- Manual ballot: means a paper document produced by an election officer on which an individual records an individual's vote by directly placing a mark on the paper document using a pen or other marking instrument. See Utah Code 20A-1-102
- Manufacturer: means , with respect to a qualified product, a person who is engaged in the business of manufacturing a qualified product and who is licensed to engage in business as a manufacturer under 18 U. See Utah Code 53-5d-102
- Mechanical ballot: means a record, including a paper record, electronic record, or mechanical record, that:
(a) is created via electronic or mechanical means; and (b) records an individual voter's vote cast via a method other than an individual directly placing a mark, using a pen or other marking instrument, to record an individual voter's vote. See Utah Code 20A-1-102 - Motor vehicle: means every self-propelled vehicle and every vehicle propelled by electric power obtained from overhead trolley wires, but not operated upon rails, except motorized wheel chairs and vehicles moved solely by human power. See Utah Code 53-1-102
- Municipal general election: means the election held in municipalities and, as applicable, special 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 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
- Negligent entrustment: means the supplying of a qualified product by a seller for use by another person when the seller knows, or reasonably should know, the person to whom the product is supplied is likely to, and does, use the product in a manner involving unreasonable risk of physical injury to the person or others. See Utah Code 53-5d-102
- 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.
- 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
- Peace officer: means any officer certified in accordance with Title 53, Chapter 13, Peace Officer Classifications. See Utah Code 53-1-102
- Person: means :Utah Code 68-3-12.5
- 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 the same as that term is defined in Section 68-3-12. See Utah Code 53-5d-102
- Physical format: means a transportable medium in which analog or digital information is published, such as print, microform, magnetic disk, or optical disk. See Utah Code 9-7-101
- 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.
- Policy: means the public library online access policy adopted by a library board to meet the requirements of Section 9-7-215. See Utah Code 9-7-101
- 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 subdivision: means a county, city, town, school district, public transit district, redevelopment agency, or special improvement or taxing district. See Utah Code 9-7-101
- Poll worker: includes election judges. See Utah Code 20A-1-102
- Pollbook: means a record of the names of voters in the order that they appear to cast votes. See Utah Code 20A-1-102
- Polling place: means a building where voting is conducted. 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
- Presidential Primary Election: means the election established in 8. See Utah Code 20A-1-102
- 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 68-3-12.5
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Provisional ballot: means a ballot voted provisionally by a person:
(a) whose name is not listed on the official register at the polling place; (b) whose legal right to vote is challenged as provided in this title; or (c) whose identity was not sufficiently established by a poll worker. See Utah Code 20A-1-102 - Provisional ballot envelope: means an envelope printed in the form required by Section 20A-6-105 that is used to identify provisional ballots and to provide information to verify a person's legal right to vote. See Utah Code 20A-1-102
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
- qualified: means to take the oath of office and begin performing the duties of the position for which the individual was elected. See Utah Code 20A-1-102
- Qualified civil liability action: means a civil action or proceeding or an administrative proceeding brought by any person against a manufacturer or seller of a qualified product, or a trade association, for damages, punitive damages, injunctive or declaratory relief, abatement, restitution, fines, or penalties, or other relief, resulting from the criminal or unlawful misuse of a qualified product by the person or a third party. See Utah Code 53-5d-102
- Qualified product: means a firearm or antique firearm, as defined in Section 76-10-501, ammunition, or a component part of a firearm or ammunition. See Utah Code 53-5d-102
- Quorum: The number of legislators that must be present to do business.
- 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
- 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, held on the date specified in Section 20A-1-201. See Utah Code 20A-1-102
- 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.
- Resident: means a person who resides within a specific voting precinct in Utah. See Utah Code 20A-1-102
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Return envelope: means the envelope, described in Subsection 20A-3a-202(4), provided to a voter with a manual ballot:
(a) into which the voter places the manual ballot after the voter has voted the manual ballot in order to preserve the secrecy of the voter's vote; and (b) that includes the voter affidavit and a place for the voter's signature. See Utah Code 20A-1-102 - Seller: means , with respect to a qualified product, a federal firearms licensee, as defined in Section 76-10-501. See Utah Code 53-5d-102
- Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
- Special district: means a local government entity under Title 17B, Limited Purpose Local Government Entities - Special Districts, and includes a special service district under Title 17D, Chapter 1, Special Service District Act. See Utah Code 20A-1-102
- 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 68-3-12.5
- 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 agency: means :
(a) the state; or (b) an office, department, agency, authority, commission, board, institution, hospital, college, university, or other instrumentality of the state. See Utah Code 9-7-101 - State institution of higher education: means an institution described in Section 53B-2-101 or any other university or college that is established and maintained by the state. See Utah Code 9-7-101 v2
- State publication: means a book, compilation, directory, document, contract or grant report, hearing memorandum, journal, law, legislative bill, magazine, map, monograph, order, ordinance, pamphlet, periodical, proceeding, public memorandum, resolution, register, rule, report, statute, audiovisual material, electronic publication, micrographic form and tape or disc recording regardless of format or method of reproduction, issued or published by a state agency or political subdivision for distribution. See Utah Code 9-7-101
- Statute: A law passed by a legislature.
- Subpoena: A command to a witness to appear and give testimony.
- Subsidiary: means a business entity under the control of an institution. See Utah Code 7-1-103
- 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 7-19-1 - 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 7-19-1 - Swear: includes "affirm. See Utah Code 68-3-12.5
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Ticket: means a list of:
(a) political parties; (b) candidates for an office; or (c) ballot propositions. See Utah Code 20A-1-102 - Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
- Trade association: means :
(a) any corporation, unincorporated association, federation, business league, or professional or business organization not organized or operated for profit and no part of the net earnings of which inures to the benefit of any private shareholder or individual; (b) an organization described in 26 U. See Utah Code 53-5d-102 - Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
- Unlawful misuse: means conduct that violates a statute, ordinance, or regulation as it relates to the use of a qualified product. See Utah Code 53-5d-102
- 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
- Valid voter identification: means :
(b) one of the following identification cards, whether or not the card includes a photograph of the voter: (i) a valid tribal identification card; (ii) a Bureau of Indian Affairs card; or (iii) a tribal treaty card; or (c) two forms of identification not listed under Subsection (76)(a) or (b) but that bear the name of the voter and provide evidence that the voter resides in the voting precinct, which may include: (i) a current utility bill or a legible copy thereof, dated within the 90 days before the election; (ii) a bank or other financial account statement, or a legible copy thereof; (iii) a certified birth certificate; (iv) a valid social security card; (v) a check issued by the state or the federal government or a legible copy thereof; (vi) a paycheck from the voter's employer, or a legible copy thereof; (vii) a currently valid Utah hunting or fishing license; (viii) certified naturalization documentation; (ix) a currently valid license issued by an authorized agency of the United States; (x) a certified copy of court records showing the voter's adoption or name change; (xi) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card; (xii) a currently valid identification card issued by: (A) a local government within the state; (B) an employer for an employee; or (C) a college, university, technical school, or professional school located within the state; or (xiii) a current Utah vehicle registration. See Utah Code 20A-1-102 - Valid write-in candidate: means a candidate who has qualified as a write-in candidate by following the procedures and requirements of this title. See Utah Code 20A-1-102
- Vote by mail: means to vote, using a manual ballot that is mailed to the voter, by:
(a) mailing the ballot to the location designated in the mailing; or (b) depositing the ballot in a ballot drop box designated by the election officer. See Utah Code 20A-1-102 - Voter: means an individual 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 area: means the area within six feet of the voting booths, voting machines, and ballot box. See Utah Code 20A-1-102
- Voting booth: means :
(a) the space or compartment within a polling place that is provided for the preparation of ballots, including the voting enclosure or curtain; or (b) a voting device that is free standing. See Utah Code 20A-1-102 - Voting device: means any device provided by an election officer for a voter to vote a mechanical ballot. See Utah Code 20A-1-102
- Voting precinct: means the smallest geographical voting unit, established under 3. See Utah Code 20A-1-102
- Watcher: means an individual who complies with the requirements described in Section 20A-3a-801 to become a watcher for an election. See Utah Code 20A-1-102
- Write-in vote: means a vote cast for an individual, whose name is not printed on the ballot, in accordance with the procedures established in this title. See Utah Code 20A-1-102
- Writing: includes :Utah Code 68-3-12.5