Utah Code § 7-28-108
Creditors generally cannot enforce process against a bank for a special deposit unless the subsection (2) conditions are met.
- Bank compliance
- Depositor/beneficiary process handling
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Creditors generally cannot enforce process against a bank for a special deposit unless the subsection (2) conditions are met.
A court may stop a bank from paying a depositor or beneficiary only if the payment would be a material fraud, or would help carry out a material fraud involving a special deposit.
A bank generally may not use recoupment or set off against a special deposit, except as allowed by subsections (2) or (3).
A bank holding a special deposit has limited duties and liability rules tied to the account agreement and this chapter.
A special deposit ends five years after it was first funded unless the account agreement says otherwise.
Principles of law and equity. Title 70A, Uniform Commercial Code, consumer protection law, law governing deposits generally, law related to escheat and abandoned or unclaimed property, and the principles of law and equity, including law
A court must consider promoting uniformity of the law among jurisdictions that enact this uniform act when applying or interpreting it.
Transitional provision. This chapter applies to: a special deposit made under an account agreement executed on or after May 7, 2025; and a deposit made under an agreement executed before May 7, 2025, if: all parties entitled to amend the
Severability. If a provision of this chapter or the chapter's application to a person or circumstance is held invalid, the invalidity does not affect another provision or application that can be given effect without the invalid provision.
Definitions. As used in this chapter: "Blockchain protocol" means any executable software deployed to enable the transfer of data and electronic records through a distributed network of nodes, including an additional standardized set of
State and local governmental entities may not block a person from accepting digital assets for legal goods and services or from taking custody of digital assets with a self-hosted or hardware wallet.
A person may operate a node, develop software on a blockchain protocol, transfer digital assets through a blockchain protocol, and participate in staking on a blockchain protocol.
Certain blockchain-related activities are exempt from the money transmitter license requirement.
This chapter applies to banks organized under state law, other banks doing business in the state as allowed by U.S. law and the U.S. Constitution, and persons conducting banking business in the state, subject to Chapter 1, General Provisions.
Banks chartered under this chapter must be organized as specified, and the commissioner may define certain banking powers by rule or order.
A bank generally may not make certain investments or loans, including dealings tied to its premises, when the specified aggregate amount exceeds the stated capital limits; however, the commissioner may give prior written approval if the bank shows reasonable need.
A bank may not change its articles of incorporation if the change would impair depositors’ or other creditors’ rights, remedies, or securities.
A bank’s board may declare cash or stock dividends from net profits only after covering expenses, losses, interest, and taxes, and the bank must first move at least 10% of the relevant net profits into surplus until the surplus reaches 100% of capital stock.
A bank may buy, hold, and convey real estate other than bank premises only under commissioner-prescribed regulations.
A bank may not have more than 15% of its total capital in one person’s unsecured loans and credit exposure, and no more than 10% if the loans are fully secured by readily marketable collateral.
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