United States — Utah Act or statute

United States — Utah legislation

Utah Code § 7-1-325, 2006

This section defines “federal law,” requires the department to designate applicable federal laws by rule, and allows the department to enforce certain violations, excluding criminal penalties.

Source excerpt

agency rulemakingcriminal penaltiesdepository institutionsenforcement actionsfederal law compliancefederal law violationsinstitutional complianceregulatory enforcement

Jurisdiction: United States — Utah
Status: In force
Official identity: Year 2006
Dates: Enacted 2006

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Dates: Enacted 2006

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“This section defines “federal law,” requires the department to designate applicable federal laws by rule, and allows the department to enforce certain violations, excluding criminal penalties.”

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Compliance with applicable federal law.

This section defines “federal law,” requires the department to designate applicable federal laws by rule, and allows the department to enforce certain violations, excluding criminal penalties.

Section 7-1-325

Subsection 7-1-325(1)(b)(ii)

published in the code of federal regulations or the federal register.

Section 7-1-325(1)(b)(ii)

Subsection 7-1-325(2)(a)(ii)

pursuant to the terms of the federal law in effect on the day the institution violates the federal law.

Section 7-1-325(2)(a)(ii)

Subsection 7-1-325(3)(a)(ii)

Chapter 2, Possession of Depository Institution by Commissioner ;

Section 7-1-325(3)(a)(ii)

Subsection 7-1-325(3)(b)

This text includes bringing an action permitted under this title in state court.

Section 7-1-325(3)(b)

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In force source record

Source record from le.utah.gov · Enacted 2006

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Showing 19 of 19 provisions

Provision 17Offence 2

Part 7-1-3

part 7-1-3 Powers and Duties of Commissioner of Financial Institutions

§ 7-1-325Compliance with applicable federal law.Offence

Source excerpt

This section defines “federal law,” requires the department to designate applicable federal laws by rule, and allows the department to enforce certain violations, excluding criminal penalties.

Compliance with applicable federal law. As used in this section, "federal law" means: a statute passed by the Congress of the United States; or a final regulation: adopted by an administrative agency of the United States government; and published in the code of federal regulations or the federal register. An institution subject to the jurisdiction of the department violates this title if the institution violates a federal law: that is applicable to the institution; and pursuant to the terms of the federal law in effect on the day the institution violates the federal law. The department shall by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act , and consistent with this title, designate which one or more federal laws are applicable to an institution subject to the jurisdiction of the department. Except for criminal penalties, the department may enforce a violation described in Subsection (2) by taking any action: permitted by: this part; Chapter 2, Possession of Depository Institution by Commissioner ; Chapter 19, Acquisition of Failing Depository Institutions or Holding Companies ; in the case of a check casher or deferred deposit lender, Chapter 23, Check Cashing and Deferred Deposit Lending Registration Act ; or in the case of a title lender, Chapter 24, Title Lending Registration Act ; and including bringing an action permitted under this title in state court.

Section 7-1-325Verify source

§ 7-1-325(1)Subsection 7-1-325(1)Provision

Source excerpt

This subsection defines “federal law” for this section.

As used in this section, "federal law" means: a statute passed by the Congress of the United States; or a final regulation: adopted by an administrative agency of the United States government; and published in the code of federal regulations or the federal register.

Section 7-1-325(1)Verify source

§ 7-1-325(1)(a)Subsection 7-1-325(1)(a)Provision

Source excerpt

a statute passed by the Congress of the United States; or

Section 7-1-325(1)(a)Verify source

§ 7-1-325(1)(b)Subsection 7-1-325(1)(b)Provision

Source excerpt

A final regulation is one adopted by a U.S. administrative agency and published in the Code of Federal Regulations or the Federal Register.

a final regulation: adopted by an administrative agency of the United States government; and published in the code of federal regulations or the federal register.

Section 7-1-325(1)(b)Verify source

§ 7-1-325(1)(b)(i)Subsection 7-1-325(1)(b)(i)Provision

Source excerpt

adopted by an administrative agency of the United States government; and

Section 7-1-325(1)(b)(i)Verify source

§ 7-1-325(1)(b)(ii)Subsection 7-1-325(1)(b)(ii)Provision

Source excerpt

published in the code of federal regulations or the federal register.

Section 7-1-325(1)(b)(ii)Verify source

§ 7-1-325(2)Subsection 7-1-325(2)Provision

Source excerpt

An institution under the department’s jurisdiction violates this title if it violates an applicable federal law in effect on the day of the violation. The department must designate, by rule, which federal laws apply.

An institution subject to the jurisdiction of the department violates this title if the institution violates a federal law: that is applicable to the institution; and pursuant to the terms of the federal law in effect on the day the institution violates the federal law. The department shall by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act , and consistent with this title, designate which one or more federal laws are applicable to an institution subject to the jurisdiction of the department.

Section 7-1-325(2)Verify source

§ 7-1-325(2)(a)Subsection 7-1-325(2)(a)Provision

Source excerpt

Section 7-1-325(2)(a)Verify source

§ 7-1-325(2)(a)(i)Subsection 7-1-325(2)(a)(i)Provision

Source excerpt

that is applicable to the institution; and

Section 7-1-325(2)(a)(i)Verify source

§ 7-1-325(2)(a)(ii)Subsection 7-1-325(2)(a)(ii)Provision

Source excerpt

pursuant to the terms of the federal law in effect on the day the institution violates the federal law.

Section 7-1-325(2)(a)(ii)Verify source

§ 7-1-325(2)(b)Subsection 7-1-325(2)(b)Provision

Source excerpt

The department must, by rule and within the stated rulemaking framework, designate which federal laws apply to an institution under the department’s jurisdiction.

The department shall by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act , and consistent with this title, designate which one or more federal laws are applicable to an institution subject to the jurisdiction of the department.

Section 7-1-325(2)(b)Verify source

§ 7-1-325(3)Subsection 7-1-325(3)Offence

Source excerpt

The department may enforce a violation described in Subsection (2), except for criminal penalties.

Except for criminal penalties, the department may enforce a violation described in Subsection (2) by taking any action: permitted by: this part; Chapter 2, Possession of Depository Institution by Commissioner ; Chapter 19, Acquisition of Failing Depository Institutions or Holding Companies ; in the case of a check casher or deferred deposit lender, Chapter 23, Check Cashing and Deferred Deposit Lending Registration Act ; or in the case of a title lender, Chapter 24, Title Lending Registration Act ; and including bringing an action permitted under this title in state court.

Section 7-1-325(3)Verify source

§ 7-1-325(3)(a)Subsection 7-1-325(3)(a)Provision

Source excerpt

permitted by: this part; Chapter 2, Possession of Depository Institution by Commissioner ; Chapter 19, Acquisition of Failing Depository Institutions or Holding Companies ; in the case of a check casher or deferred deposit lender, Chapter 23, Check Cashing and Deferred Deposit Lending Registration Act ; or in the case of a title lender, Chapter 24, Title Lending Registration Act ; and

Section 7-1-325(3)(a)Verify source

§ 7-1-325(3)(a)(i)Subsection 7-1-325(3)(a)(i)Provision

Source excerpt

this part;

Section 7-1-325(3)(a)(i)Verify source

§ 7-1-325(3)(a)(ii)Subsection 7-1-325(3)(a)(ii)Provision

Source excerpt

Chapter 2, Possession of Depository Institution by Commissioner ;

Section 7-1-325(3)(a)(ii)Verify source

§ 7-1-325(3)(a)(iii)Subsection 7-1-325(3)(a)(iii)Provision

Source excerpt

Chapter 19, Acquisition of Failing Depository Institutions or Holding Companies ;

Section 7-1-325(3)(a)(iii)Verify source

§ 7-1-325(3)(a)(iv)Subsection 7-1-325(3)(a)(iv)Provision

Source excerpt

This clause applies in the case of a check casher or deferred deposit lender.

in the case of a check casher or deferred deposit lender, Chapter 23, Check Cashing and Deferred Deposit Lending Registration Act ; or

Section 7-1-325(3)(a)(iv)Verify source

§ 7-1-325(3)(a)(v)Subsection 7-1-325(3)(a)(v)Provision

Source excerpt

in the case of a title lender, Chapter 24, Title Lending Registration Act ; and

Section 7-1-325(3)(a)(v)Verify source

§ 7-1-325(3)(b)Subsection 7-1-325(3)(b)Provision

Source excerpt

This text includes bringing an action permitted under this title in state court.

including bringing an action permitted under this title in state court.

Section 7-1-325(3)(b)Verify source

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Section 7-1-325(1)(b)

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Utah Code § 7-1-325, 2006

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