United States — Utah Act or statute

United States — Utah legislation

Utah Code § 7-1-103.5, 2022

Control. There is a rebuttable presumption that a person has control of a financial institution if the person has the power, directly or indirectly, or through or in concert with one or more persons, to vote more than…

financial institution controlregulatory applicationrulemaking

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01

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“Control. There is a rebuttable presumption that a person has control of a financial institution if the person has the power, directly or indirectly, or through or in concert with one or more persons, to vote more than 10% but less than 25%”

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Control.

Control. There is a rebuttable presumption that a person has control of a financial institution if the person has the power, directly or indirectly, or through or in concert with one or more persons, to vote more than 10% but less than 25%

Section 7-1-103.5

Subsection 7-1-103.5(2)

A person who wants to rebut the presumption of control in Subsection (1) must submit an application to the commissioner, unless a rule under Subsection (3) provides otherwise.

Section 7-1-103.5(2)

Subsection 7-1-103.5(3)

The commissioner may make rules about application procedures and requirements, and about when a person may get a determination of not being in control of a financial institution without filing an application.

Section 7-1-103.5(3)

Subsection 7-1-103.5(3)(b)

A person may obtain a determination of not being in control of a financial institution without filing the application required by Subsection (2).

Section 7-1-103.5(3)(b)

Subsection 7-1-103.5(4)

The commissioner has sole discretion to decide whether a person rebuts a presumption of control under this section.

Section 7-1-103.5(4)

04

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In force source record

Source record from le.utah.gov · Enacted 2022

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Showing 7 of 7 provisions

Provision 7

Part 7-1-1

part 7-1-1 Citation, Purposes, Definitions, and Application

§ 7-1-103.5Control.Provision

Control. There is a rebuttable presumption that a person has control of a financial institution if the person has the power, directly or indirectly, or through or in concert with one or more persons, to vote more than 10% but less than 25%

Control. There is a rebuttable presumption that a person has control of a financial institution if the person has the power, directly or indirectly, or through or in concert with one or more persons, to vote more than 10% but less than 25% of any class of voting securities of a financial institution. Except as provided in rule made under Subsection (3) , a person seeking to rebut a presumption of control described in Subsection (1) shall submit an application to the commissioner. In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act , the commissioner may make rules that specify: the procedures and requirements for an application described in Subsection (2) ; and the conditions under which a person may obtain a determination that the person is not in control of a financial institution without filing an application in accordance with Subsection (2) . The commissioner has sole discretion to determine whether a person rebuts a presumption of control under this section.
Section 7-1-103.5Verify source
§ 7-1-103.5(1)Subsection 7-1-103.5(1)Provision

A person is presumed to control a financial institution if the person can vote more than 10% but less than 25% of a class of its voting securities, directly or indirectly or with others.

There is a rebuttable presumption that a person has control of a financial institution if the person has the power, directly or indirectly, or through or in concert with one or more persons, to vote more than 10% but less than 25% of any class of voting securities of a financial institution.
Section 7-1-103.5(1)Verify source
§ 7-1-103.5(2)Subsection 7-1-103.5(2)Provision

A person who wants to rebut the presumption of control in Subsection (1) must submit an application to the commissioner, unless a rule under Subsection (3) provides otherwise.

Except as provided in rule made under Subsection (3) , a person seeking to rebut a presumption of control described in Subsection (1) shall submit an application to the commissioner.
Section 7-1-103.5(2)Verify source
§ 7-1-103.5(3)Subsection 7-1-103.5(3)Provision

The commissioner may make rules about application procedures and requirements, and about when a person may get a determination of not being in control of a financial institution without filing an application.

In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act , the commissioner may make rules that specify: the procedures and requirements for an application described in Subsection (2) ; and the conditions under which a person may obtain a determination that the person is not in control of a financial institution without filing an application in accordance with Subsection (2) .
Section 7-1-103.5(3)Verify source
§ 7-1-103.5(3)(a)Subsection 7-1-103.5(3)(a)Provision

the procedures and requirements for an application described in Subsection (2) ; and

the procedures and requirements for an application described in Subsection (2) ; and
Section 7-1-103.5(3)(a)Verify source
§ 7-1-103.5(3)(b)Subsection 7-1-103.5(3)(b)Provision

A person may obtain a determination of not being in control of a financial institution without filing the application required by Subsection (2).

the conditions under which a person may obtain a determination that the person is not in control of a financial institution without filing an application in accordance with Subsection (2) .
Section 7-1-103.5(3)(b)Verify source
§ 7-1-103.5(4)Subsection 7-1-103.5(4)Provision

The commissioner has sole discretion to decide whether a person rebuts a presumption of control under this section.

The commissioner has sole discretion to determine whether a person rebuts a presumption of control under this section.
Section 7-1-103.5(4)Verify source

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