United States — Utah Act or statute

United States — Utah legislation

Utah Code § 7-1-705

Source excerpt

agency decisionsapplication filingapplication processingauthorization applicationbankingbranch establishmentbranchingfeesfiling requirementsinterstate branchinginterstate transactionsmerger or acquisition exceptionmergers and acquisitionsmulti-state operationsservice of process consenttransaction approvaltransaction review

Jurisdiction: United States — Utah
Status: In force
Dates: Legal dates not recorded

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Purpose and legislative effect

“Approval required for certain transactions -- Application -- Grounds for disapproval. Except as provided in Subsection (5) , an applicant for authorization to engage in any of the transactions described in Sections 7-1-702 and 7-1-703”

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Approval required for certain transactions -- Application -- Grounds for disapproval.

Section 7-1-705

Subsection 7-1-705(2)

The commissioner must respond in writing within 60 days after an application is accepted as complete.

Section 7-1-705(2)

Subsection 7-1-705(3)(a)

the proposed transaction would be detrimental to the safety and soundness of the applicant, to any institution that is a party to the transaction, or to a subsidiary or affiliate of that institution;

Section 7-1-705(3)(a)

Subsection 7-1-705(4)

For an interstate transaction, the commissioner may accept an application in the form and manner used by the applicant’s primary state or federal regulator, with any added information needed for the commissioner’s decision.

Section 7-1-705(4)

Subsection 7-1-705(5)(b)

Other interstate branching activities are subject to the requirements of this section and Section 7-1-708.

Section 7-1-705(5)(b)

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Source record from le.utah.gov · Legal dates not recorded

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Showing 23 of 23 provisions

Provision 23

Part 7-1-7

part 7-1-7 Authorization Required to Conduct Business

§ 7-1-705Approval required for certain transactions -- Application -- Grounds for disapproval.Provision

Source excerpt

Approval required for certain transactions -- Application -- Grounds for disapproval. Except as provided in Subsection (5) , an applicant for authorization to engage in any of the transactions described in Sections 7-1-702 and 7-1-703 shall file with the commissioner: an application in a form prescribed by the commissioner; the fee prescribed for the transaction by the commissioner; other information that is required by rule, or that the commissioner considers necessary to make the findings required by Subsection (3) ; and if the applicant is not a Utah resident, a Utah corporation, or an out-of-state corporation qualified to do business in this state, a written consent to service of process on a resident of this state in any action or suit arising out of or connected with the proposed action. Within 60 days of acceptance of the application as complete, the commissioner shall respond to the application by writing the commissioner's findings of fact, conclusions, and order. The commissioner may approve an application subject to the terms and conditions the commissioner considers necessary to protect the public interest and carry out the purposes of this title. The commissioner may defer acceptance of the application as complete until the applicant has provided any information the commissioner considers necessary to decide whether to approve or deny the application. The commissioner may disapprove any application filed under this section if the commissioner finds that: the proposed transaction would be detrimental to the safety and soundness of the applicant, to any institution that is a party to the transaction, or to a subsidiary or affiliate of that institution; the applicant, its executive officers, directors, or principal stockholders have not established a record of sound performance, efficient management, financial responsibility, and integrity so that it would be against the interest of the depositors, other customers, creditors, or shareholders of an institution, or the public to authorize the proposed transaction; the financial condition of the applicant or any other institution that is a participant in the proposed transaction might jeopardize the financial stability of the applicant or other institution, or prejudice the interests of depositors or other customers of the applicant or other institutions; the consummation of the proposed transaction will tend to substantially lessen competition, unless the commissioner finds that the anticompetitive effects of the proposed transaction are clearly outweighed by the benefit of meeting the convenience and needs of the relevant market area to be served; the applicant has not established a record of meeting the credit needs of the communities that it or its subsidiary depository institution serves; or in the case of an interstate transaction, the applicant fails to obtain any required approval from a federal or state agency with regulatory authority over any of the institutions participating in the transaction. In the case of an interstate transaction, the commissioner may accept an application in the form and manner prescribed by the state or federal agency that primarily regulates the applicant, supplemented as necessary to enable the commissioner to decide whether to approve or deny the application. The following branching activities, if they do not involve a merger or acquisition, are not subject to the requirements of this section, but are subject to Section 7-1-708 : the establishment of a branch in Utah or another state by an out-of-state depository institution with a previously established branch in Utah; and the establishment of a branch in another state by a Utah depository institution. Other interstate branching activities are subject to the requirements of both this section and Section 7-1-708 .

Section 7-1-705Verify source

§ 7-1-705(1)Subsection 7-1-705(1)Provision

Source excerpt

Except as provided in Subsection (5) , an applicant for authorization to engage in any of the transactions described in Sections 7-1-702 and 7-1-703 shall file with the commissioner: an application in a form prescribed by the commissioner; the fee prescribed for the transaction by the commissioner; other information that is required by rule, or that the commissioner considers necessary to make the findings required by Subsection (3) ; and if the applicant is not a Utah resident, a Utah corporation, or an out-of-state corporation qualified to do business in this state, a written consent to service of process on a resident of this state in any action or suit arising out of or connected with the proposed action.

Section 7-1-705(1)Verify source

§ 7-1-705(1)(a)Subsection 7-1-705(1)(a)Provision

Source excerpt

an application in a form prescribed by the commissioner;

Section 7-1-705(1)(a)Verify source

§ 7-1-705(1)(b)Subsection 7-1-705(1)(b)Provision

Source excerpt

the fee prescribed for the transaction by the commissioner;

Section 7-1-705(1)(b)Verify source

§ 7-1-705(1)(c)Subsection 7-1-705(1)(c)Provision

Source excerpt

The rule requires “other information” that is required by rule, or that the commissioner considers necessary to make the findings required by Subsection (3).

other information that is required by rule, or that the commissioner considers necessary to make the findings required by Subsection (3) ; and

Section 7-1-705(1)(c)Verify source

§ 7-1-705(1)(d)Subsection 7-1-705(1)(d)Provision

Source excerpt

If the applicant is not a Utah resident, a Utah corporation, or a qualified out-of-state corporation, the applicant must provide written consent to service of process on a resident of Utah.

if the applicant is not a Utah resident, a Utah corporation, or an out-of-state corporation qualified to do business in this state, a written consent to service of process on a resident of this state in any action or suit arising out of or connected with the proposed action.

Section 7-1-705(1)(d)Verify source

§ 7-1-705(2)Subsection 7-1-705(2)Provision

Source excerpt

The commissioner must respond in writing within 60 days after an application is accepted as complete.

Within 60 days of acceptance of the application as complete, the commissioner shall respond to the application by writing the commissioner's findings of fact, conclusions, and order. The commissioner may approve an application subject to the terms and conditions the commissioner considers necessary to protect the public interest and carry out the purposes of this title. The commissioner may defer acceptance of the application as complete until the applicant has provided any information the commissioner considers necessary to decide whether to approve or deny the application.

Section 7-1-705(2)Verify source

§ 7-1-705(2)(a)Subsection 7-1-705(2)(a)Provision

Source excerpt

The commissioner must respond to a complete application within 60 days by issuing written findings of fact, conclusions, and an order.

Within 60 days of acceptance of the application as complete, the commissioner shall respond to the application by writing the commissioner's findings of fact, conclusions, and order.

Section 7-1-705(2)(a)Verify source

§ 7-1-705(2)(b)Subsection 7-1-705(2)(b)Provision

Source excerpt

The commissioner may approve an application subject to the terms and conditions the commissioner considers necessary to protect the public interest and carry out the purposes of this title.

Section 7-1-705(2)(b)Verify source

§ 7-1-705(2)(c)Subsection 7-1-705(2)(c)Provision

Source excerpt

The commissioner may delay treating an application as complete until the applicant provides information the commissioner thinks is needed to decide the application.

The commissioner may defer acceptance of the application as complete until the applicant has provided any information the commissioner considers necessary to decide whether to approve or deny the application.

Section 7-1-705(2)(c)Verify source

§ 7-1-705(3)Subsection 7-1-705(3)Provision

Source excerpt

The commissioner may disapprove an application filed under this section if specified adverse findings are made.

The commissioner may disapprove any application filed under this section if the commissioner finds that: the proposed transaction would be detrimental to the safety and soundness of the applicant, to any institution that is a party to the transaction, or to a subsidiary or affiliate of that institution; the applicant, its executive officers, directors, or principal stockholders have not established a record of sound performance, efficient management, financial responsibility, and integrity so that it would be against the interest of the depositors, other customers, creditors, or shareholders of an institution, or the public to authorize the proposed transaction; the financial condition of the applicant or any other institution that is a participant in the proposed transaction might jeopardize the financial stability of the applicant or other institution, or prejudice the interests of depositors or other customers of the applicant or other institutions; the consummation of the proposed transaction will tend to substantially lessen competition, unless the commissioner finds that the anticompetitive effects of the proposed transaction are clearly outweighed by the benefit of meeting the convenience and needs of the relevant market area to be served; the applicant has not established a record of meeting the credit needs of the communities that it or its subsidiary depository institution serves; or in the case of an interstate transaction, the applicant fails to obtain any required approval from a federal or state agency with regulatory authority over any of the institutions participating in the transaction.

Section 7-1-705(3)Verify source

§ 7-1-705(3)(a)Subsection 7-1-705(3)(a)Provision

Source excerpt

the proposed transaction would be detrimental to the safety and soundness of the applicant, to any institution that is a party to the transaction, or to a subsidiary or affiliate of that institution;

Section 7-1-705(3)(a)Verify source

§ 7-1-705(3)(b)Subsection 7-1-705(3)(b)Provision

Source excerpt

the applicant, its executive officers, directors, or principal stockholders have not established a record of sound performance, efficient management, financial responsibility, and integrity so that it would be against the interest of the depositors, other customers, creditors, or shareholders of an institution, or the public to authorize the proposed transaction;

Section 7-1-705(3)(b)Verify source

§ 7-1-705(3)(c)Subsection 7-1-705(3)(c)Provision

Source excerpt

the financial condition of the applicant or any other institution that is a participant in the proposed transaction might jeopardize the financial stability of the applicant or other institution, or prejudice the interests of depositors or

Section 7-1-705(3)(c)Verify source

§ 7-1-705(3)(d)Subsection 7-1-705(3)(d)Provision

Source excerpt

A proposed transaction is disallowed if it would substantially lessen competition, unless the commissioner finds the anticompetitive effects are clearly outweighed by the benefit of serving the convenience and needs of the relevant market area.

the consummation of the proposed transaction will tend to substantially lessen competition, unless the commissioner finds that the anticompetitive effects of the proposed transaction are clearly outweighed by the benefit of meeting the convenience and needs of the relevant market area to be served;

Section 7-1-705(3)(d)Verify source

§ 7-1-705(3)(e)Subsection 7-1-705(3)(e)Provision

Source excerpt

the applicant has not established a record of meeting the credit needs of the communities that it or its subsidiary depository institution serves; or

Section 7-1-705(3)(e)Verify source

§ 7-1-705(3)(f)Subsection 7-1-705(3)(f)Provision

Source excerpt

in the case of an interstate transaction, the applicant fails to obtain any required approval from a federal or state agency with regulatory authority over any of the institutions participating in the transaction.

Section 7-1-705(3)(f)Verify source

§ 7-1-705(4)Subsection 7-1-705(4)Provision

Source excerpt

In the case of an interstate transaction, the commissioner may accept an application in the form and manner prescribed by the state or federal agency that primarily regulates the applicant, supplemented as necessary to enable the commissioner to decide whether to approve or deny the application.

Section 7-1-705(4)Verify source

§ 7-1-705(5)Subsection 7-1-705(5)Provision

Source excerpt

Some interstate branching activities are excluded from this section’s requirements if they do not involve a merger or acquisition.

The following branching activities, if they do not involve a merger or acquisition, are not subject to the requirements of this section, but are subject to Section 7-1-708 : the establishment of a branch in Utah or another state by an out-of-state depository institution with a previously established branch in Utah; and the establishment of a branch in another state by a Utah depository institution. Other interstate branching activities are subject to the requirements of both this section and Section 7-1-708 .

Section 7-1-705(5)Verify source

§ 7-1-705(5)(a)Subsection 7-1-705(5)(a)Provision

Source excerpt

Some branching activities are excluded from this section’s requirements if they do not involve a merger or acquisition, but they remain subject to Section 7-1-708.

Section 7-1-705(5)(a)Verify source

§ 7-1-705(5)(a)(i)Subsection 7-1-705(5)(a)(i)Provision

Source excerpt

the establishment of a branch in Utah or another state by an out-of-state depository institution with a previously established branch in Utah; and

Section 7-1-705(5)(a)(i)Verify source

§ 7-1-705(5)(a)(ii)Subsection 7-1-705(5)(a)(ii)Provision

Source excerpt

the establishment of a branch in another state by a Utah depository institution.

Section 7-1-705(5)(a)(ii)Verify source

§ 7-1-705(5)(b)Subsection 7-1-705(5)(b)Provision

Source excerpt

Other interstate branching activities are subject to the requirements of this section and Section 7-1-708.

Other interstate branching activities are subject to the requirements of both this section and Section 7-1-708 .

Section 7-1-705(5)(b)Verify source

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Utah Code § 7-1-705

Purpose and legislative effect

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