Terms Used In Utah Code > Title 9 > Chapter 7 - Library Development

• Accounts receivable purchase transaction: means a transaction in which a business forwards or otherwise sells to a person all or a portion of the business's accounts, as defined in Section 70A-9a-102, or payment intangibles, as defined in Section 70A-9a-102, at a discount to the accounts' or payment intangibles' expected value. See Utah Code 7-27-101
• Administration: means the School and Institutional Trust Lands Administration. See Utah Code 53C-1-103
• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• Adult Protective Services: means the same as that term is defined in Section 26B-6-201. See Utah Code 7-26-102
• 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.
• Agency: means a place of business of a foreign depository institution located in this state that is authorized to exercise the powers permitted in Section 7-18a-301. See Utah Code 7-18a-102
• 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.
• Annual percentage rate: The cost of credit at a yearly rate. It is calculated in a standard way, taking the average compound interest rate over the term of the loan so borrowers can compare loans. Lenders are required by law to disclose a card account's APR. ^{Source: FDIC}
• 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.
• Applicant: means a person filing an application for a license under this chapter. See Utah Code 7-25-102
• 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
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Association: means a group of persons that:

  (i)	constitute the members of a formal association organized for: (A)  an identifiable interest; (B)  an identifiable purpose; (C)  a specific profession; or (D)  a specific occupation; or

  (ii)

  are employed by a common employer. See Utah Code 7-9-3 Attachment: A procedure by which a person's property is seized to pay judgments levied by the court. Authorized agent: means a person designated by the licensee under this chapter to sell or issue payment instruments or engage in the business of transmitting money on behalf of a licensee. See Utah Code 7-25-102 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 Bank: means a person authorized under the laws of this state, another state, or the United States to accept deposits from the public. See Utah Code 7-1-103 Banking business: means the offering of deposit accounts to the public and the conduct of such other business activities as may be authorized by this title. See Utah Code 7-1-103 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. Blockchain: means an electronic method of storing data that is: (a)  maintained by consensus of multiple unaffiliated parties; (b)  distributed across multiple locations; and (c)  mathematically verified. See Utah Code 7-25-102 Blockchain token: means an electronic record that is: (a)  recorded on a blockchain; and (b)  capable of being traded between persons without an intermediary. See Utah Code 7-25-102 Board: means the State Library Board created in Section 9-7-204. See Utah Code 9-7-101 Board: means the Board of State History. See Utah Code 9-8-102 Borrower: means any person who becomes obligated on a real estate loan at the time of origination of such loan and includes mortgagors, trustors under trust deeds and vendees under conditional land sales contracts. See Utah Code 7-17-2 Branch: when used in reference to a foreign depository institution, means a place of business of a foreign depository institution located in this state that is authorized to exercise the powers permitted in Section 7-18a-301. See Utah Code 7-18a-102 Branch: means a place of business of a financial institution, other than its main office, at which deposits are received and paid. See Utah Code 7-1-103 Broker: means a person who, for compensation or the expectation of compensation, arranges a commercial financing transaction between a third party and a business in the state. See Utah Code 7-27-101 Business: means a private enterprise carried on for the purpose of gain or economic profit. See Utah Code 7-27-101 Business of cashing checks: means cashing a check for consideration. See Utah Code 7-23-102 Business of deferred deposit lending: means extending a deferred deposit loan. See Utah Code 7-23-102 Business purpose transaction: means a transaction from which the resulting proceeds that a business receives are: (i)  provided to the business; or (ii)  intended to be used to carry on the business. See Utah Code 7-27-101 Business trust: means an entity engaged in a trade or business that is created by a declaration of trust that transfers property to trustees, to be held and managed by them for the benefit of persons holding certificates representing the beneficial interest in the trust estate and assets. See Utah Code 7-5-1 Capital and surplus: means : (a)  shares; (b)  deposits; (c)  reserves; and (d)  undivided earnings. See Utah Code 7-9-3 Check: is a s defined in Section 70A-3-104. See Utah Code 7-23-102 Check casher: means a person that engages in the business of cashing checks. See Utah Code 7-23-102 City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Commercial financing transaction: means a business purpose transaction: (a)  under which a person extends a business a commercial loan or a commercial open-end credit plan; or (b)  that is an accounts receivable purchase transaction. See Utah Code 7-27-101 Commercial loan: means a loan to a business, regardless of whether the loan is secured. See Utah Code 7-27-101 Commercial open-end credit plan: means commercial financing extended to a business on terms under which: (a)  the creditor reasonably contemplates repeat transactions; and (b)  subject to any limit set by the creditor, the amount of financing that the creditor may extend to the business during the term of the plan is made available to the extent that any outstanding balance is repaid. See Utah Code 7-27-101 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. Congressional block equivalency file: means the electronic file designated as HB2004_BEF. See Utah Code 20A-13-101.1 Congressional shapefile: means the electronic shapefile that:Utah Code 20A-13-101.1 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 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; 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. Corporate credit union: means any credit union organized pursuant to any state or federal act for the purpose of serving other credit unions. See Utah Code 7-9-3 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 political purposes. See Utah Code 20A-12-301 County executive: means :Utah Code 68-3-12.5 County legislative body: means :Utah Code 68-3-12.5 Covered financial institution: means any of the following that operate in the state: (a)  a state or federally chartered: (i)  bank; (ii)  savings and loan association; (iii)  savings bank; (iv)  industrial bank; (v)  credit union; (vi)  trust company; or (vii)  depository institution; or (b)  a financial institution. See Utah Code 7-26-102 Credit union: means a cooperative, nonprofit association incorporated under: (a)  Chapter 9, Utah Credit Union Act; or (b)  12 U. See Utah Code 7-1-103 Credit union service organization: means an entity: (a)  that provides any of the services listed in Subsection 7-9-59(2); and (b)  in which a credit union organized under this chapter holds an ownership interest. See Utah Code 7-9-3 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. Deferred deposit lender: means a person that engages in the business of deferred deposit lending. See Utah Code 7-23-102 Deferred deposit loan: means a transaction where: (a)  a person: (i)  presents to a deferred deposit lender a check written on that person's account; or (ii)  provides written or electronic authorization to a deferred deposit lender to effect a debit from that person's account using an electronic payment; and (b)  the deferred deposit lender: (i)  provides the person described in Subsection (7)(a) an amount of money that is equal to the face value of the check or the amount of the debit less any fee or interest charged for the transaction; and (ii)  agrees not to cash the check or process the debit until a specific date. See Utah Code 7-23-102 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 Deposits: means that portion of the capital paid into the credit union by members on which a specified rate of interest will be paid. See Utah Code 7-9-3 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. Digital library: means the web-accessible digital library of state publications created under Section 9-7-208. See Utah Code 9-7-101 v2 Director: means the director of the Division of State History. See Utah Code 9-8-102 Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Division: means the State Library Division. See Utah Code 9-7-101 Division: means the Division of State History. See Utah Code 9-8-102 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 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 Electronic payment: includes a payment made through: (i)  an automated clearing house transaction; (ii)  an electronic check; (iii)  a stored value card; or (iv)  an Internet transfer. See Utah Code 7-23-102 endowment care cemetery: means a cemetery or mausoleum for crypt or vault interments, columbarium for permanent cinerary interments, or any other place providing lots or other interment space for the remains of human bodies that: (a)  represents to the public that it will care for, maintain, and embellish its property to preserve it from becoming unkempt and a place of reproach and desolation in the community in which it is located; and (b)  collects funds for the purpose stated in Subsection (2)(a). See Utah Code 8-4-1 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 Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC Escrow: means an agreement, express or implied, that provides for one or more parties to deliver or entrust money, a certificate of deposit, a security, a negotiable instrument, a deed, or other property or asset to another person to be held, paid, or delivered in accordance with terms and conditions prescribed in the agreement. See Utah Code 7-22-101 Escrow: Money given to a third party to be held for payment until certain conditions are met. Escrow agent: means a person that provides or offers to provide escrow services to the public. See Utah Code 7-22-101 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 Cultural and Community Engagement. See Utah Code 9-1-102 Executive officer: means the licensee's president, chair of the executive committee, executive vice president, treasurer, chief financial officer, or any other person who performs similar functions. See Utah Code 7-25-102 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 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 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 Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC Fiduciary: A trustee, executor, or administrator. Field of membership: means persons designated as eligible for credit union membership in accordance with: (a)  Section 7-9-51 or 7-9-53; and (b)  the bylaws of the credit union. See Utah Code 7-9-3 Financial exploitation: means : (a)  the wrongful or unauthorized taking, withholding, appropriation, or use of money, assets, or other property of an individual; or (b)  an act or omission, including through a power of attorney, guardianship, or conservatorship of an individual, to: (i)  obtain control, through deception, intimidation, or undue influence, over the individual's money, assets, or other property to deprive the individual of the ownership, use, benefit, or possession of the individual's money, assets, or other property; or (ii)  convert the individual's money, assets, or other property to deprive the individual of the ownership, use, benefit, or possession of the individual's money, assets, or other property. See Utah Code 7-26-102 Financial institution: means an institution subject to the jurisdiction of the department because of this title. See Utah Code 7-1-103 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 Foreign depository institution: means a depository institution chartered or authorized to transact business by a foreign government. See Utah Code 7-1-103 Fraud: Intentional deception resulting in injury to another. Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs. Guardian: includes a person who:Utah Code 68-3-12.5 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. Individual: means a natural person. See Utah Code 20A-12-301 Industrial bank: means a corporation or limited liability company conducting the business of an industrial bank under Chapter 8, Industrial Banks. See Utah Code 7-1-103 Industrial loan company: means the same as that term is defined in Section 7-8-21. See Utah Code 7-1-103 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-12-301 Internet policy: means the public library online access policy required in Section 9-7-215. See Utah Code 9-7-101 v3 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. Key shareholder: means a person, or group of persons acting in concert, who is the owner of 20% or more of a class of an applicant's stock. See Utah Code 7-25-102 Land: includes :Utah Code 68-3-12.5 Law enforcement agency: means the same as that term is defined in Section 53-1-102. See Utah Code 7-26-102 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 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 Lender: means any person who regularly makes, extends or holds real estate loans and includes, but is not limited to, mortgagees, beneficiaries under trust deeds and vendors under conditional land sales contracts and who regularly require or maintain reserve accounts. See Utah Code 7-17-2 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 Licensee: means a person licensed under this chapter. See Utah Code 7-25-102 Lien: A claim against real or personal property in satisfaction of a debt. Liquidation: means the act or process of winding up the affairs of an institution subject to the jurisdiction of the department by realizing upon assets, paying liabilities, and appropriating profit or loss, 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 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. Member-business loan: means any loan, line of credit, or letter of credit, the proceeds of which will be used for: (i)  a commercial purpose; (ii)  other business investment property or venture purpose; or (iii)  an agricultural purpose. See Utah Code 7-9-3 Money transmission: means the sale or issuance of a payment instrument or engaging in the business of receiving money for transmission or transmitting money within the United States or to locations abroad by any and all means, including payment instrument, wire, facsimile, or electronic transfer. See Utah Code 7-25-102 Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5 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 Motor vehicle dealer: means a dealer as defined in Section 41-3-102. See Utah Code 7-27-101 Municipality: means a city, town, or metro township. See Utah Code 20A-1-102 National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC Nationwide database: means the Nationwide Mortgage Licensing System and Registry, authorized under 12 U. See Utah Code 7-22-101 Nationwide database: means the Nationwide Mortgage Licensing System and Registry, authorized under federal licensing requirements for mortgage loan originators. See Utah Code 7-23-102 Nationwide database: means the Nationwide Mortgage Licensing System and Registry, authorized under 12 U. See Utah Code 7-24-102 Nationwide database: means the Nationwide Mortgage Licensing System and Registry, authorized under 12 U. See Utah Code 7-25-102 Nonexempt credit union: means a credit union that is a nonexempt credit union under Section 7-9-55. See Utah Code 7-9-3 Oath: includes "affirmation. See Utah Code 68-3-12.5 Oath: A promise to tell the truth. 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. Open-end credit: A credit agreement (typically a credit card) that allows a customer to borrow against a preapproved credit line when purchasing goods and services. The borrower is only billed for the amount that is actually borrowed plus any interest due. (Also called a charge account or revolving credit.) Source: OCC 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 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. Payment instrument: means a check, draft, money order, travelers check, or other instrument or written order for the transmission or payment of money, sold or issued to one or more persons, whether or not the instrument is negotiable. See Utah Code 7-25-102 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 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 68-3-12.5 Personal property: All property that is not real property. 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 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 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 judge standing for retention at any election. See Utah Code 20A-12-301 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 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 Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way. Probate: Proving a will 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 Provider: includes a person who, under a written agreement with a depository institution, offers one or more commercial financing products provided by the depository institution via an online platform that the person administers. See Utah Code 7-27-101 Qualified individual: means : (a)  a branch manager of a covered financial institution; or (b)  a director, officer, employee, agent, or other representative that a covered financial institution designates. See Utah Code 7-26-102 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 Receivership: means the administration and management of the affairs of an institution subject to the jurisdiction of the department to conserve, preserve, and properly dispose of the assets, liabilities, and revenues of an institution in possession, 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 Refinance: means a new deferred deposit loan transaction whose proceeds are meant to satisfy the term or amount owed on an existing deferred deposit loan. See Utah Code 7-23-102 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 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. Remit: means either to make direct payment of the money to the licensee or its representatives authorized to receive the money, or to deposit the money in a depository institution in an account in the name of the licensee. See Utah Code 7-25-102 Reporting entity: means a judge, judge's personal campaign committee, candidate, a candidate's personal campaign committee, an officeholder, and a party committee, a political action committee, and a political issues committee. See Utah Code 20A-12-301 Representative office: means a place of business of a foreign depository institution located in this state that is authorized to exercise powers permitted in Section 7-18a-301. See Utah Code 7-18a-102 Reserve account: means any account, whether denominated escrow, impound, trust, pledge, reserve or otherwise, which is established in connection with a loan secured by an interest in real estate located in this state, whether or not a real estate loan as defined in this chapter, and whether incorporated into the loan agreement or a separate document, whereby the borrower agrees to make periodic prepayment to the lender or its designee of taxes, insurance premiums or other charges pertaining to the property securing the loan and the lender or its designee agrees to pay the taxes, insurance premiums or other charges out of the account on or before their due date. See Utah Code 7-17-2 Rollover: means the extension or renewal of the term of a deferred deposit loan. See Utah Code 7-23-102 Rollover: means the extension or renewal of the term of a title loan. See Utah Code 7-24-102 Savings and loan association: means : (a)  a federal savings and loan association; and (b)  an out-of-state savings and loan association. See Utah Code 7-1-103 Service of process: The service of writs or summonses to the appropriate party. service organization: means a corporation or other business entity owned or controlled by one or more financial institutions that is engaged or proposes to engage in business activities related to the business of financial institutions. See Utah Code 7-1-103 Shapefile: means the digital vector storage format for storing geometric location and associated attribute information. See Utah Code 20A-13-101.1 Shares: means that portion of the capital paid into the credit union by members on which dividends may be paid. See Utah Code 7-9-3 Society: means the Utah State Historical Society created in Section 9-8-207. See Utah Code 9-8-102 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. 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 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 Third party associated with a vulnerable adult: means an individual: (a)  who is a parent, spouse, adult child, sibling, or other known family member of a vulnerable adult; (b)  whom a vulnerable adult authorizes the financial institution to contact; (c)  who is a co-owner, additional authorized signatory, or beneficiary on a vulnerable adult's account; or (d)  who is an attorney, trustee, conservator, guardian or other fiduciary whom a court or a government agency selects to manage some or all of the financial affairs of the vulnerable adult. See Utah Code 7-26-102 Title lender: includes a person that: (i)  arranges a title loan on behalf of a title lender; (ii)  acts as an agent for a title lender; or (iii)  assists a title lender in the extension of a title loan. See Utah Code 7-24-102 Title loan: includes a title loan extended at the same premise on which any of the following are sold: (i)  a motor vehicle, as defined in Section 41-6a-102; (ii)  a mobile home, as defined in Section 41-6a-102; or (iii)  a motorboat, as defined in Section 73-18-2. See Utah Code 7-24-102 Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Transaction: means any of the following services that a covered financial institution provides: (a)  a transfer or request to transfer or disburse funds or assets in an account; (b)  a request to initiate a wire transfer, initiate an automated clearinghouse transfer, or issue a money order, cashier's check, or official check; (c)  a request to negotiate a check or other negotiable instrument; (d)  a request to change the ownership of, or access to, an account; (e)  a request to sell or transfer a security or other asset, or a request to affix a medallion stamp or provide any form of guarantee or endorsement in connection with an attempt to sell or transfer a security or other asset, if the person selling or transferring the security or asset is not required to obtain a license under Section 61-1-3; (f)  a request for a loan, extension of credit, or draw on a line of credit; (g)  a request to encumber any movable or immovable property; or (h)  a request to designate or change the designation of beneficiaries to receive any property, benefit, or contract right. See Utah Code 7-26-102 Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition. Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC Trust business: means , except as provided in Subsection (1)(c), a business in which one acts in any agency or fiduciary capacity, including that of personal representative, executor, administrator, conservator, guardian, assignee, receiver, depositary, or trustee under appointment as trustee for any purpose permitted by law, including the definition of "trust" set forth in Subsection 75-1-201(55). See Utah Code 7-5-1 Trust company: means a person authorized to conduct a trust business, as provided in Chapter 5, Trust Business. See Utah Code 7-1-103 Trust company: means an institution authorized to engage in the trust business under this chapter. See Utah Code 7-5-1 trust lands: means those properties granted by the United States in the Utah Enabling Act to the state in trust, and other lands transferred to the trust, which must be managed for the benefit of: (a)  the state's public education system; or (b)  the institutions of the state which are designated by the Utah Enabling Act as beneficiaries of trust lands. See Utah Code 53C-1-103 Trustee: A person or institution holding and administering property in trust. Trustor: The person who makes or creates a trust. Also known as the grantor or settlor. United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 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 68-3-12.5 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 Vacancy: means : (a)  except as provided in Subsection (75)(b), the absence of an individual to serve in a position created by state constitution or state statute, whether that absence occurs because of death, disability, disqualification, resignation, or other cause ; or (b)  in relation to a candidate for a position created by state constitution or state statute, the removal of a candidate due to the candidate's death, resignation, or disqualification. See Utah Code 20A-1-102 Venue: The geographical location in which a case is tried. Voting precinct: means the smallest geographical voting unit, established under 3. See Utah Code 20A-1-102 Vulnerable adult: means : (a)  an individual who is 65 years old or older; or (b)  the same as that term is defined in Section 26B-6-201. See Utah Code 7-26-102 Writing: includes :Utah Code 68-3-12.5