United States — Utah Act or statute

United States — Utah legislation

Utah Code § 7-1-802

The commissioner must file and certify required reports. Most reports, records, and related information are confidential, but the section lists records and information that are public and several circumstances in which…

Source excerpt

application recordsbusiness confidentialityconfidential records disclosureconfidentialityconfidentiality requestsdepository institutionsdisclosureexamination reportsfinancial marketsinformation disclosurepublic inspectionpublic interestpublic recordsrecords managementregulatory reportingtechnology service providers

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

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“The commissioner must file and certify required reports. Most reports, records, and related information are confidential, but the section lists records and information that are public and several circumstances in which the department may disclose nonpublic information.”

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Confidentiality of information received by department -- Availability of information.

Section 7-1-802

Subsection 7-1-802(3)(c)(ii)

information for which: the applicant requests confidentiality; and the commissioner grants the request for confidentiality.

Section 7-1-802(3)(c)(ii)

Subsection 7-1-802(4)(b)

to a federal deposit insurance agency;

Section 7-1-802(4)(b)

Subsection 7-1-802(5)(b)(ii)

undue speculation in securities or currency markets.

Section 7-1-802(5)(b)(ii)

Subsection 7-1-802(7)

The commissioner may provide examination-report information to a depository institution serviced by the technology service provider.

Section 7-1-802(7)

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Showing 46 of 46 provisions

Provision 46

Part 7-1-8

part 7-1-8 Miscellaneous

§ 7-1-802Confidentiality of information received by department -- Availability of information.Provision

Source excerpt

Confidentiality of information received by department -- Availability of information. The commissioner shall receive and place on file in the department's office all reports required by law and shall certify all reports required to be published. Except as provided in this section, the following are confidential, not public records, and not open to public inspection: all reports received or prepared by the department; all information obtained from an institution or person under the jurisdiction of the department; and all orders and related records of the department. The following records and information are public and are open to public inspection: reports of condition required by Section 7-1-318 ; information that is otherwise generally available to the public; and information contained in, and final decisions on, an application filed under Sections 7-1-702 , 7-1-703 , 7-1-704 , 7-1-705 , 7-1-706 , 7-1-708 , 7-1-709 , 7-1-712 , 7-1-713 , or Chapter 19, Acquisition of Failing Depository Institutions or Holding Companies , excluding: proprietary information, business plans, and personal financial information; and information for which: the applicant requests confidentiality; and the commissioner grants the request for confidentiality. The department may disclose records and information that are not public to the following: to an agency or authority: that regulates: the subject of the record; or an affiliate of the subject of the record, as defined by the commissioner by rule; and is of: the federal government; the state; or another state; to a federal deposit insurance agency; to an official legally authorized to investigate criminal charges in connection with the affairs of the subject of the record, and to any tribunal conducting legal proceedings resulting from such an investigation; to a person preparing a proposal for merging or acquiring an institution under Chapter 2, Possession of Depository Institution by Commissioner , or Chapter 19, Acquisition of Failing Depository Institutions or Holding Companies , but only after the department provides notice of the disclosure to the institution; to any other person, if the commissioner determines, after notice to the institution or person that is the subject of the record and opportunity for hearing, that the interests favoring disclosure of the information outweigh the interests favoring confidentiality of the information; and to any court in a proceeding under: Sections 7-1-304 , 7-1-320 , 7-1-322 ; or a supervisory action under Chapter 2, Possession of Depository Institution by Commissioner , or Chapter 19, Acquisition of Failing Depository Institutions or Holding Companies . The commissioner may limit the use and further disclosure of any information disclosed under Subsection (4) : to protect the business confidentiality interest of the subject of the record; and to protect the public interest, such as to avoid: a liquidity crisis in a depository institution; or undue speculation in securities or currency markets. The department shall disclose information in the manner and to the extent directed by a court order signed by a judge from a court of competent jurisdiction if: the disclosure does not violate applicable federal or state law; the information to be disclosed deals with a matter in controversy over which the court has jurisdiction; the person requesting the order has provided reasonable prior written notice to the commissioner; the court has considered the merits of the request for disclosure and has determined that the interests favoring disclosure of the information outweigh the interests favoring confidentiality of the information; and the court has appropriately limited the use and further disclosure of the information: to protect the business confidentiality interest of the subject of the record; and to protect the public interest, such as to avoid: a liquidity crisis in a depository institution; or undue speculation in securities or currency markets. Notwithstanding the other provisions of this section, the commissioner may provide information from a report of an examination performed by the commissioner of the condition and affairs of a technology service provider to a depository institution serviced by the technology service provider.

Section 7-1-802Verify source

§ 7-1-802(1)Subsection 7-1-802(1)Provision

Source excerpt

The commissioner must receive and file required reports in the department's office and certify reports that must be published.

The commissioner shall receive and place on file in the department's office all reports required by law and shall certify all reports required to be published.

Section 7-1-802(1)Verify source

§ 7-1-802(2)Subsection 7-1-802(2)Provision

Source excerpt

Certain department reports, obtained information, and orders and related records are confidential and not open to public inspection, except as provided in this section.

Except as provided in this section, the following are confidential, not public records, and not open to public inspection: all reports received or prepared by the department; all information obtained from an institution or person under the jurisdiction of the department; and all orders and related records of the department.

Section 7-1-802(2)Verify source

§ 7-1-802(2)(a)Subsection 7-1-802(2)(a)Provision

Source excerpt

all reports received or prepared by the department;

Section 7-1-802(2)(a)Verify source

§ 7-1-802(2)(b)Subsection 7-1-802(2)(b)Provision

Source excerpt

all information obtained from an institution or person under the jurisdiction of the department; and

Section 7-1-802(2)(b)Verify source

§ 7-1-802(2)(c)Subsection 7-1-802(2)(c)Provision

Source excerpt

all orders and related records of the department.

Section 7-1-802(2)(c)Verify source

§ 7-1-802(3)Subsection 7-1-802(3)Provision

Source excerpt

Certain records and information are open to public inspection, subject to listed exclusions and confidentiality requests granted by the commissioner.

The following records and information are public and are open to public inspection: reports of condition required by Section 7-1-318 ; information that is otherwise generally available to the public; and information contained in, and final decisions on, an application filed under Sections 7-1-702 , 7-1-703 , 7-1-704 , 7-1-705 , 7-1-706 , 7-1-708 , 7-1-709 , 7-1-712 , 7-1-713 , or Chapter 19, Acquisition of Failing Depository Institutions or Holding Companies , excluding: proprietary information, business plans, and personal financial information; and information for which: the applicant requests confidentiality; and the commissioner grants the request for confidentiality.

Section 7-1-802(3)Verify source

§ 7-1-802(3)(a)Subsection 7-1-802(3)(a)Provision

Source excerpt

reports of condition required by Section 7-1-318 ;

Section 7-1-802(3)(a)Verify source

§ 7-1-802(3)(b)Subsection 7-1-802(3)(b)Provision

Source excerpt

information that is otherwise generally available to the public; and

Section 7-1-802(3)(b)Verify source

§ 7-1-802(3)(c)Subsection 7-1-802(3)(c)Provision

Source excerpt

Certain information in covered applications is excluded from disclosure, including proprietary information, business plans, personal financial information, and information the applicant seeks to keep confidential if the commissioner grants confidentiality.

information contained in, and final decisions on, an application filed under Sections 7-1-702 , 7-1-703 , 7-1-704 , 7-1-705 , 7-1-706 , 7-1-708 , 7-1-709 , 7-1-712 , 7-1-713 , or Chapter 19, Acquisition of Failing Depository Institutions or Holding Companies , excluding: proprietary information, business plans, and personal financial information; and information for which: the applicant requests confidentiality; and the commissioner grants the request for confidentiality.

Section 7-1-802(3)(c)Verify source

§ 7-1-802(3)(c)(i)Subsection 7-1-802(3)(c)(i)Provision

Source excerpt

proprietary information, business plans, and personal financial information; and

Section 7-1-802(3)(c)(i)Verify source

§ 7-1-802(3)(c)(ii)Subsection 7-1-802(3)(c)(ii)Provision

Source excerpt

information for which: the applicant requests confidentiality; and the commissioner grants the request for confidentiality.

Section 7-1-802(3)(c)(ii)Verify source

§ 7-1-802(3)(c)(ii)(A)Subsection 7-1-802(3)(c)(ii)(A)Provision

Source excerpt

The applicant requests confidentiality.

the applicant requests confidentiality; and

Section 7-1-802(3)(c)(ii)(A)Verify source

§ 7-1-802(3)(c)(ii)(B)Subsection 7-1-802(3)(c)(ii)(B)Provision

Source excerpt

The commissioner grants the request for confidentiality.

the commissioner grants the request for confidentiality.

Section 7-1-802(3)(c)(ii)(B)Verify source

§ 7-1-802(4)Subsection 7-1-802(4)Provision

Source excerpt

The department may disclose non-public records and information to listed government and regulatory recipients, and in some cases to merger/acquisition proposers, other persons, or courts, subject to notice and a hearing-based balancing test.

The department may disclose records and information that are not public to the following: to an agency or authority: that regulates: the subject of the record; or an affiliate of the subject of the record, as defined by the commissioner by rule; and is of: the federal government; the state; or another state; to a federal deposit insurance agency; to an official legally authorized to investigate criminal charges in connection with the affairs of the subject of the record, and to any tribunal conducting legal proceedings resulting from such an investigation; to a person preparing a proposal for merging or acquiring an institution under Chapter 2, Possession of Depository Institution by Commissioner , or Chapter 19, Acquisition of Failing Depository Institutions or Holding Companies , but only after the department provides notice of the disclosure to the institution; to any other person, if the commissioner determines, after notice to the institution or person that is the subject of the record and opportunity for hearing, that the interests favoring disclosure of the information outweigh the interests favoring confidentiality of the information; and to any court in a proceeding under: Sections 7-1-304 , 7-1-320 , 7-1-322 ; or a supervisory action under Chapter 2, Possession of Depository Institution by Commissioner , or Chapter 19, Acquisition of Failing Depository Institutions or Holding Companies .

Section 7-1-802(4)Verify source

§ 7-1-802(4)(a)Subsection 7-1-802(4)(a)Provision

Source excerpt

to an agency or authority: that regulates: the subject of the record; or an affiliate of the subject of the record, as defined by the commissioner by rule; and is of: the federal government; the state; or another state;

Section 7-1-802(4)(a)Verify source

§ 7-1-802(4)(a)(i)Subsection 7-1-802(4)(a)(i)Provision

Source excerpt

This text covers the subject of the record and an affiliate of the subject of the record, with the affiliate defined by the commissioner by rule.

that regulates: the subject of the record; or an affiliate of the subject of the record, as defined by the commissioner by rule; and

Section 7-1-802(4)(a)(i)Verify source

§ 7-1-802(4)(a)(i)(A)Subsection 7-1-802(4)(a)(i)(A)Provision

Source excerpt

the subject of the record; or

Section 7-1-802(4)(a)(i)(A)Verify source

§ 7-1-802(4)(a)(i)(B)Subsection 7-1-802(4)(a)(i)(B)Provision

Source excerpt

an affiliate of the subject of the record, as defined by the commissioner by rule; and

Section 7-1-802(4)(a)(i)(B)Verify source

§ 7-1-802(4)(a)(ii)Subsection 7-1-802(4)(a)(ii)Provision

Source excerpt

This text identifies something as belonging to the federal government, a state, or another state.

is of: the federal government; the state; or another state;

Section 7-1-802(4)(a)(ii)Verify source

§ 7-1-802(4)(a)(ii)(A)Subsection 7-1-802(4)(a)(ii)(A)Provision

Source excerpt

Refers to the federal government.

the federal government;

Section 7-1-802(4)(a)(ii)(A)Verify source

§ 7-1-802(4)(a)(ii)(B)Subsection 7-1-802(4)(a)(ii)(B)Provision

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the state; or

Section 7-1-802(4)(a)(ii)(B)Verify source

§ 7-1-802(4)(a)(ii)(C)Subsection 7-1-802(4)(a)(ii)(C)Provision

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another state;

Section 7-1-802(4)(a)(ii)(C)Verify source

§ 7-1-802(4)(b)Subsection 7-1-802(4)(b)Provision

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to a federal deposit insurance agency;

Section 7-1-802(4)(b)Verify source

§ 7-1-802(4)(c)Subsection 7-1-802(4)(c)Provision

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to an official legally authorized to investigate criminal charges in connection with the affairs of the subject of the record, and to any tribunal conducting legal proceedings resulting from such an investigation;

Section 7-1-802(4)(c)Verify source

§ 7-1-802(4)(d)Subsection 7-1-802(4)(d)Provision

Source excerpt

to a person preparing a proposal for merging or acquiring an institution under Chapter 2, Possession of Depository Institution by Commissioner , or Chapter 19, Acquisition of Failing Depository Institutions or Holding Companies , but only

Section 7-1-802(4)(d)Verify source

§ 7-1-802(4)(e)Subsection 7-1-802(4)(e)Provision

Source excerpt

The commissioner may disclose information to another person if, after notice and an opportunity for hearing, the commissioner determines that disclosure interests outweigh confidentiality interests.

to any other person, if the commissioner determines, after notice to the institution or person that is the subject of the record and opportunity for hearing, that the interests favoring disclosure of the information outweigh the interests favoring confidentiality of the information; and

Section 7-1-802(4)(e)Verify source

§ 7-1-802(4)(f)Subsection 7-1-802(4)(f)Provision

Source excerpt

to any court in a proceeding under: Sections 7-1-304 , 7-1-320 , 7-1-322 ; or a supervisory action under Chapter 2, Possession of Depository Institution by Commissioner , or Chapter 19, Acquisition of Failing Depository Institutions or

Section 7-1-802(4)(f)Verify source

§ 7-1-802(4)(f)(i)Subsection 7-1-802(4)(f)(i)Provision

Source excerpt

Sections 7-1-304 , 7-1-320 , 7-1-322 ; or

Section 7-1-802(4)(f)(i)Verify source

§ 7-1-802(4)(f)(ii)Subsection 7-1-802(4)(f)(ii)Provision

Source excerpt

a supervisory action under Chapter 2, Possession of Depository Institution by Commissioner , or Chapter 19, Acquisition of Failing Depository Institutions or Holding Companies .

Section 7-1-802(4)(f)(ii)Verify source

§ 7-1-802(5)Subsection 7-1-802(5)Provision

Source excerpt

The commissioner may limit use and further disclosure of information disclosed under Subsection (4) to protect confidentiality and the public interest.

The commissioner may limit the use and further disclosure of any information disclosed under Subsection (4) : to protect the business confidentiality interest of the subject of the record; and to protect the public interest, such as to avoid: a liquidity crisis in a depository institution; or undue speculation in securities or currency markets.

Section 7-1-802(5)Verify source

§ 7-1-802(5)(a)Subsection 7-1-802(5)(a)Provision

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to protect the business confidentiality interest of the subject of the record; and

Section 7-1-802(5)(a)Verify source

§ 7-1-802(5)(b)Subsection 7-1-802(5)(b)Provision

Source excerpt

to protect the public interest, such as to avoid: a liquidity crisis in a depository institution; or undue speculation in securities or currency markets.

Section 7-1-802(5)(b)Verify source

§ 7-1-802(5)(b)(i)Subsection 7-1-802(5)(b)(i)Provision

Source excerpt

a liquidity crisis in a depository institution; or

Section 7-1-802(5)(b)(i)Verify source

§ 7-1-802(5)(b)(ii)Subsection 7-1-802(5)(b)(ii)Provision

Source excerpt

undue speculation in securities or currency markets.

Section 7-1-802(5)(b)(ii)Verify source

§ 7-1-802(6)Subsection 7-1-802(6)Provision

Source excerpt

The department must disclose information when a qualifying court order signed by a judge directs it to do so, and only if the listed legal and procedural conditions are met.

The department shall disclose information in the manner and to the extent directed by a court order signed by a judge from a court of competent jurisdiction if: the disclosure does not violate applicable federal or state law; the information to be disclosed deals with a matter in controversy over which the court has jurisdiction; the person requesting the order has provided reasonable prior written notice to the commissioner; the court has considered the merits of the request for disclosure and has determined that the interests favoring disclosure of the information outweigh the interests favoring confidentiality of the information; and the court has appropriately limited the use and further disclosure of the information: to protect the business confidentiality interest of the subject of the record; and to protect the public interest, such as to avoid: a liquidity crisis in a depository institution; or undue speculation in securities or currency markets.

Section 7-1-802(6)Verify source

§ 7-1-802(6)(a)Subsection 7-1-802(6)(a)Provision

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the disclosure does not violate applicable federal or state law;

Section 7-1-802(6)(a)Verify source

§ 7-1-802(6)(b)Subsection 7-1-802(6)(b)Provision

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the information to be disclosed deals with a matter in controversy over which the court has jurisdiction;

Section 7-1-802(6)(b)Verify source

§ 7-1-802(6)(c)Subsection 7-1-802(6)(c)Provision

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the person requesting the order has provided reasonable prior written notice to the commissioner;

Section 7-1-802(6)(c)Verify source

§ 7-1-802(6)(d)Subsection 7-1-802(6)(d)Provision

Source excerpt

the court has considered the merits of the request for disclosure and has determined that the interests favoring disclosure of the information outweigh the interests favoring confidentiality of the information; and

Section 7-1-802(6)(d)Verify source

§ 7-1-802(6)(e)Subsection 7-1-802(6)(e)Provision

Source excerpt

the court has appropriately limited the use and further disclosure of the information: to protect the business confidentiality interest of the subject of the record; and to protect the public interest, such as to avoid: a liquidity crisis

Section 7-1-802(6)(e)Verify source

§ 7-1-802(6)(e)(i)Subsection 7-1-802(6)(e)(i)Provision

Source excerpt

to protect the business confidentiality interest of the subject of the record; and

Section 7-1-802(6)(e)(i)Verify source

§ 7-1-802(6)(e)(ii)Subsection 7-1-802(6)(e)(ii)Provision

Source excerpt

to protect the public interest, such as to avoid: a liquidity crisis in a depository institution; or undue speculation in securities or currency markets.

Section 7-1-802(6)(e)(ii)Verify source

§ 7-1-802(6)(e)(ii)(A)Subsection 7-1-802(6)(e)(ii)(A)Provision

Source excerpt

a liquidity crisis in a depository institution; or

Section 7-1-802(6)(e)(ii)(A)Verify source

§ 7-1-802(6)(e)(ii)(B)Subsection 7-1-802(6)(e)(ii)(B)Provision

Source excerpt

undue speculation in securities or currency markets.

Section 7-1-802(6)(e)(ii)(B)Verify source

§ 7-1-802(7)Subsection 7-1-802(7)Provision

Source excerpt

The commissioner may provide examination-report information to a depository institution serviced by the technology service provider.

Notwithstanding the other provisions of this section, the commissioner may provide information from a report of an examination performed by the commissioner of the condition and affairs of a technology service provider to a depository institution serviced by the technology service provider.

Section 7-1-802(7)Verify source

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Utah Code § 7-1-802

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