7-1-103 - Definitions.
7-1-103. Definitions.
As used in this title:
(1) (a) "Bank" means a person authorized under the laws of this state, another state, orthe United States to accept deposits from the public.
(b) "Bank" does not include:
(i) a federal savings and loan association or federal savings bank;
(ii) a savings and loan association or savings bank subject to Chapter 7, Savings andLoan Associations Act;
(iii) an industrial bank subject to Chapter 8, Industrial Banks;
(iv) a federally chartered credit union; or
(v) a credit union subject to Chapter 9, Utah Credit Union Act.
(2) "Banking business" means the offering of deposit accounts to the public and theconduct of such other business activities as may be authorized by this title.
(3) (a) "Branch" means a place of business of a financial institution, other than its mainoffice, at which deposits are received and paid.
(b) "Branch" does not include:
(i) an automated teller machine, as defined in Section 7-16a-102;
(ii) a point-of-sale terminal, as defined in Section 7-16a-102; or
(iii) a loan production office under Section 7-1-715.
(4) "Commissioner" means the Commissioner of Financial Institutions.
(5) "Control" means the power, directly or indirectly, 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 anindividual; or
(c) vote more than 10% of any class of voting securities of a financial institution by aperson other than an individual.
(6) "Credit union" means a cooperative, nonprofit association incorporated under:
(a) Chapter 9, Utah Credit Union Act; or
(b) 12 U.S.C. Sec. 1751 et seq., Federal Credit Union Act, as amended.
(7) "Department" means the Department of Financial Institutions.
(8) "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 bychecks, drafts, or other instruments or by electronic means to effect third party payments.
(9) (a) "Depository institution holding company" means:
(i) a person other than an individual that:
(A) has control over any 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 thespecific circumstances, is exercising or is capable of exercising a controlling influence over adepository institution by means other than those specifically described in this section.
(b) Except as provided in Section 7-1-703, a person is not a depository institutionholding company solely because it owns or controls shares acquired in securing or collecting adebt previously contracted in good faith.
(10) "Financial institution" means any institution subject to the jurisdiction of thedepartment because of this title.
(11) (a) "Financial institution holding company" means a person, other than an individualthat has control over any financial institution or any person that becomes a financial institutionholding company under this chapter, including an out-of-state or foreign depository institutionholding company.
(b) Ownership of a service corporation or service organization by a depository institutiondoes not make that institution a financial institution holding company.
(c) A person holding 10% or less of the voting securities of a financial institution isrebuttably presumed not to have control of the institution.
(d) A trust company is not a holding company solely because it owns or holds 20% ormore of the voting securities of a financial institution in a fiduciary capacity, unless the trustcompany exercises a controlling influence over the management or policies of the financialinstitution.
(12) "Foreign depository institution" means a depository institution chartered orauthorized to transact business by a foreign government.
(13) "Foreign depository institution holding company" means the holding company of aforeign depository institution.
(14) "Home state" means:
(a) for a state chartered depository institution, the state that charters the institution;
(b) for a federally chartered depository institution, the state where the institution's mainoffice is located; and
(c) for a depository institution holding company, the state in which the total deposits ofall depository institution subsidiaries are the largest.
(15) "Host state" means:
(a) for a depository institution, a state, other than the institution's home state, where theinstitution maintains or seeks to establish a branch; and
(b) for a depository institution holding company, a state, other than the depositoryinstitution holding company's home state, where the depository institution holding companycontrols or seeks to control a depository institution subsidiary.
(16) "Industrial bank" means a corporation or limited liability company conducting thebusiness of an industrial bank under Chapter 8, Industrial Banks.
(17) "Industrial loan company" is as defined in Section 7-8-21.
(18) "Insolvent" means the status of a financial institution that is unable to meet itsobligations as they mature.
(19) "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.
(20) "Institution subject to the jurisdiction of the department" means an institution orother person described in Section 7-1-501.
(21) "Liquidation" means the act or process of winding up the affairs of an institutionsubject to the jurisdiction of the department by realizing upon assets, paying liabilities, andappropriating profit or loss, as provided in Chapters 2 and 19.
(22) "Liquidator" means a person, agency, or instrumentality of this state or the UnitedStates appointed to conduct a liquidation.
(23) (a) "Member of a savings and loan association" means:
(i) a person holding a savings account of a mutual association;
(ii) a person borrowing from, assuming, or becoming obligated upon a loan or an interestin a loan held by a mutual association; or
(iii) any person or class of persons granted membership rights by the articles ofincorporation or the bylaws of an association.
(b) A joint and survivorship or other multiple owner or borrower relationship constitutesa single membership.
(24) "Negotiable order of withdrawal" means a draft drawn on a NOW account.
(25) (a) "NOW account" means a savings account from which the owner may makewithdrawals by negotiable or transferable instruments for the purpose of making transfers to thirdparties.
(b) A "NOW account" is not a demand deposit.
(c) Neither the owner of a NOW account nor any third party holder of an instrumentrequesting withdrawal from the account has a legal right to make withdrawal on demand.
(26) "Out-of-state" means, in reference to a depository institution or depositoryinstitution holding company, an institution or company whose home state is not Utah.
(27) "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.
(28) "Receiver" means a person, agency, or instrumentality of this state or the UnitedStates appointed to administer and manage an institution subject to the jurisdiction of thedepartment in receivership, as provided in Chapters 2 and 19.
(29) "Receivership" means the administration and management of the affairs of an
institution subject to the jurisdiction of the department to conserve, preserve, and properlydispose of the assets, liabilities, and revenues of an institution in possession, as provided inChapters 2 and 19.
(30) "Savings account" means any deposit or other account at a depository institution thatis not a transaction account.
(31) (a) "Savings and loan association" means any of the following subject to this title:
(i) a mutual or capital stock savings association;
(ii) a savings and loan association;
(iii) a mutual or capital stock savings bank; or
(iv) a building and loan association.
(b) "Savings and loan association" includes the following as defined in Section 7-7-2:
(i) all federal associations; and
(ii) all out-of-state associations.
(32) "Service corporation" or "service organization" means a corporation or otherbusiness entity owned or controlled by one or more financial institutions that is engaged orproposes to engage in business activities related to the business of financial institutions.
(33) "State" means, unless the context demands otherwise:
(a) a state;
(b) the District of Columbia; or
(c) the territories of the United States.
(34) "Subsidiary" means a business entity under the control of an institution.
(35) (a) "Transaction account" means a deposit, account, or other contractualarrangement in which a depositor, account holder, or other customer is permitted, directly orindirectly, to make withdrawals by:
(i) check or other negotiable or transferable instrument;
(ii) payment order of withdrawal;
(iii) telephone transfer;
(iv) other electronic means; or
(v) any other means or device for the purpose of making payments or transfers to thirdpersons.
(b) "Transaction account" includes:
(i) demand deposits;
(ii) NOW accounts;
(iii) savings deposits subject to automatic transfers; and
(iv) share draft accounts.
(36) "Trust company" means a person authorized to conduct a trust business, as providedin Chapter 5, Trust Business.
(37) "Utah depository institution" means a depository institution whose home state isUtah.
(38) "Utah depository institution holding company" means a depository institutionholding company whose home state is Utah.
Amended by Chapter 277, 2007 General Session