United States — Utah Act or statute

United States — Utah legislation

Utah Code § 7-1-803

Conflicting interests of commissioner, supervisors, and examiners -- Loans and accounts -- Disclosure -- Penalty. Neither the commissioner nor any supervisor or examiner may do any of the following with respect to any…

bank supervisionbanking accountsconflict of interestemployment restrictionsfinancial-services-complianceinstitutional conflicts of interestloan disclosurepublic-officer-conflicts

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“Conflicting interests of commissioner, supervisors, and examiners -- Loans and accounts -- Disclosure -- Penalty. Neither the commissioner nor any supervisor or examiner may do any of the following with respect to any institution under the”

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Subsection 7-1-803(1)(c)

own or deal in, directly or indirectly, the shares or obligations of an institution or of a corporation owning or controlling an institution;

Section 7-1-803(1)(c)

Subsection 7-1-803(2)(b)

A person may be indebted to a department-supervised depository institution on public terms only in specified situations.

Section 7-1-803(2)(b)

Subsection 7-1-803(4)

A person who knowingly violates this section to gain through the influence of their office forfeits the office or employment and commits a third degree felony.

Section 7-1-803(4)

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Showing 18 of 18 provisions

Provision 17Offence

Part 7-1-8

part 7-1-8 Miscellaneous

§ 7-1-803Conflicting interests of commissioner, supervisors, and examiners -- Loans and accounts -- Disclosure -- Penalty.Offence

Conflicting interests of commissioner, supervisors, and examiners -- Loans and accounts -- Disclosure -- Penalty. Neither the commissioner nor any supervisor or examiner may do any of the following with respect to any institution under the

Conflicting interests of commissioner, supervisors, and examiners -- Loans and accounts -- Disclosure -- Penalty. Neither the commissioner nor any supervisor or examiner may do any of the following with respect to any institution under the supervision of the department: be indebted, directly or indirectly, as a borrower, accommodation endorser, surety, or guarantor to an institution, or to an individual or any other legal or commercial entity owning or controlling an institution; be an officer, director, or employee of any institution or of an individual or any other legal or commercial entity owning or controlling an institution; own or deal in, directly or indirectly, the shares or obligations of an institution or of a corporation owning or controlling an institution; receive, directly or indirectly, from an institution or any officer, director, or employee of an institution, any salary, fee, or compensation; or be interested in or engage in the negotiations of any loan to, obligation of, or accommodation for another person to or with an institution. Notwithstanding Subsection (1) , the commissioner, any supervisor, or any examiner of the department may: have and maintain savings, transaction, share, time deposit, or other accounts, or certificates and deposits in any financial or depository institution in the state, or be a lessee of a safe deposit box on the same terms and conditions available to the public generally; be indebted to a depository institution under the supervision of the department on terms offered to the public generally upon: a mortgage loan upon the mortgagor's own home; an open or closed end consumer loan granted before the person became employed with the department or before the institution became subject to the jurisdiction of the department; in the case of a supervisor or examiner, a consumer loan lawfully made prior to January 1, 1991, provided that while the debt is subject to the provisions of this chapter, the terms of the debt are not changed in favor of the debtor in a manner not offered and provided to other creditworthy borrowers or waived or extended as a result of delinquency or default; and a debt fully secured at all times by deposits in the institution; be indebted on an installment debt transferred to an institution under the jurisdiction of the department in the regular course of business by a seller of consumer goods; and continue to receive payments under a regularly established pension plan of general application for fully retired employees of an institution under the supervision of the department. Full disclosure in writing of any indebtedness incurred under Subsection (2) shall be filed in the commissioner's office. Any person who knowingly violates this section with the intention of getting gain through the influence of that person's office shall forfeit the office or employment and is guilty of a third degree felony.
Section 7-1-803Verify source
§ 7-1-803(1)Subsection 7-1-803(1)Provision

The commissioner, supervisors, and examiners may not have certain financial or employment ties to institutions they supervise.

Neither the commissioner nor any supervisor or examiner may do any of the following with respect to any institution under the supervision of the department: be indebted, directly or indirectly, as a borrower, accommodation endorser, surety, or guarantor to an institution, or to an individual or any other legal or commercial entity owning or controlling an institution; be an officer, director, or employee of any institution or of an individual or any other legal or commercial entity owning or controlling an institution; own or deal in, directly or indirectly, the shares or obligations of an institution or of a corporation owning or controlling an institution; receive, directly or indirectly, from an institution or any officer, director, or employee of an institution, any salary, fee, or compensation; or be interested in or engage in the negotiations of any loan to, obligation of, or accommodation for another person to or with an institution.
Section 7-1-803(1)Verify source
§ 7-1-803(1)(a)Subsection 7-1-803(1)(a)Provision

be indebted, directly or indirectly, as a borrower, accommodation endorser, surety, or guarantor to an institution, or to an individual or any other legal or commercial entity owning or controlling an institution;

be indebted, directly or indirectly, as a borrower, accommodation endorser, surety, or guarantor to an institution, or to an individual or any other legal or commercial entity owning or controlling an institution;
Section 7-1-803(1)(a)Verify source
§ 7-1-803(1)(b)Subsection 7-1-803(1)(b)Provision

This provision describes a person as an officer, director, or employee of an institution, or of an individual or other legal or commercial entity that owns or controls an institution.

be an officer, director, or employee of any institution or of an individual or any other legal or commercial entity owning or controlling an institution;
Section 7-1-803(1)(b)Verify source
§ 7-1-803(1)(c)Subsection 7-1-803(1)(c)Provision

own or deal in, directly or indirectly, the shares or obligations of an institution or of a corporation owning or controlling an institution;

own or deal in, directly or indirectly, the shares or obligations of an institution or of a corporation owning or controlling an institution;
Section 7-1-803(1)(c)Verify source
§ 7-1-803(1)(d)Subsection 7-1-803(1)(d)Provision

receive, directly or indirectly, from an institution or any officer, director, or employee of an institution, any salary, fee, or compensation; or

receive, directly or indirectly, from an institution or any officer, director, or employee of an institution, any salary, fee, or compensation; or
Section 7-1-803(1)(d)Verify source
§ 7-1-803(1)(e)Subsection 7-1-803(1)(e)Provision

be interested in or engage in the negotiations of any loan to, obligation of, or accommodation for another person to or with an institution.

be interested in or engage in the negotiations of any loan to, obligation of, or accommodation for another person to or with an institution.
Section 7-1-803(1)(e)Verify source
§ 7-1-803(2)Subsection 7-1-803(2)Provision

The commissioner, supervisors, and examiners of the department may hold ordinary bank accounts or safe deposit boxes, incur certain debts on public terms, and keep receiving pension payments in the stated circumstances.

Notwithstanding Subsection (1) , the commissioner, any supervisor, or any examiner of the department may: have and maintain savings, transaction, share, time deposit, or other accounts, or certificates and deposits in any financial or depository institution in the state, or be a lessee of a safe deposit box on the same terms and conditions available to the public generally; be indebted to a depository institution under the supervision of the department on terms offered to the public generally upon: a mortgage loan upon the mortgagor's own home; an open or closed end consumer loan granted before the person became employed with the department or before the institution became subject to the jurisdiction of the department; in the case of a supervisor or examiner, a consumer loan lawfully made prior to January 1, 1991, provided that while the debt is subject to the provisions of this chapter, the terms of the debt are not changed in favor of the debtor in a manner not offered and provided to other creditworthy borrowers or waived or extended as a result of delinquency or default; and a debt fully secured at all times by deposits in the institution; be indebted on an installment debt transferred to an institution under the jurisdiction of the department in the regular course of business by a seller of consumer goods; and continue to receive payments under a regularly established pension plan of general application for fully retired employees of an institution under the supervision of the department.
Section 7-1-803(2)Verify source
§ 7-1-803(2)(a)Subsection 7-1-803(2)(a)Provision

have and maintain savings, transaction, share, time deposit, or other accounts, or certificates and deposits in any financial or depository institution in the state, or be a lessee of a safe deposit box on the same terms and conditions

have and maintain savings, transaction, share, time deposit, or other accounts, or certificates and deposits in any financial or depository institution in the state, or be a lessee of a safe deposit box on the same terms and conditions available to the public generally;
Section 7-1-803(2)(a)Verify source
§ 7-1-803(2)(b)Subsection 7-1-803(2)(b)Provision

A person may be indebted to a department-supervised depository institution on public terms only in specified situations.

be indebted to a depository institution under the supervision of the department on terms offered to the public generally upon: a mortgage loan upon the mortgagor's own home; an open or closed end consumer loan granted before the person became employed with the department or before the institution became subject to the jurisdiction of the department; in the case of a supervisor or examiner, a consumer loan lawfully made prior to January 1, 1991, provided that while the debt is subject to the provisions of this chapter, the terms of the debt are not changed in favor of the debtor in a manner not offered and provided to other creditworthy borrowers or waived or extended as a result of delinquency or default; and a debt fully secured at all times by deposits in the institution;
Section 7-1-803(2)(b)Verify source
§ 7-1-803(2)(b)(i)Subsection 7-1-803(2)(b)(i)Provision

a mortgage loan upon the mortgagor's own home;

a mortgage loan upon the mortgagor's own home;
Section 7-1-803(2)(b)(i)Verify source
§ 7-1-803(2)(b)(ii)Subsection 7-1-803(2)(b)(ii)Provision

This text refers to an open- or closed-end consumer loan granted before a person became employed with the department, or before the institution became subject to the department’s jurisdiction.

an open or closed end consumer loan granted before the person became employed with the department or before the institution became subject to the jurisdiction of the department;
Section 7-1-803(2)(b)(ii)Verify source
§ 7-1-803(2)(b)(iii)Subsection 7-1-803(2)(b)(iii)Provision

For a supervisor or examiner, this covers a consumer loan made before January 1, 1991, so long as the debt is subject to this chapter and its terms are not changed in favor of the debtor in ways not offered to other creditworthy borrowers, or waived or extended because of delinquency or default.

in the case of a supervisor or examiner, a consumer loan lawfully made prior to January 1, 1991, provided that while the debt is subject to the provisions of this chapter, the terms of the debt are not changed in favor of the debtor in a manner not offered and provided to other creditworthy borrowers or waived or extended as a result of delinquency or default; and
Section 7-1-803(2)(b)(iii)Verify source
§ 7-1-803(2)(b)(iv)Subsection 7-1-803(2)(b)(iv)Provision

a debt fully secured at all times by deposits in the institution;

a debt fully secured at all times by deposits in the institution;
Section 7-1-803(2)(b)(iv)Verify source
§ 7-1-803(2)(c)Subsection 7-1-803(2)(c)Provision

be indebted on an installment debt transferred to an institution under the jurisdiction of the department in the regular course of business by a seller of consumer goods; and

be indebted on an installment debt transferred to an institution under the jurisdiction of the department in the regular course of business by a seller of consumer goods; and
Section 7-1-803(2)(c)Verify source
§ 7-1-803(2)(d)Subsection 7-1-803(2)(d)Provision

Fully retired employees of an institution under the department’s supervision may continue to receive payments under a regularly established pension plan of general application.

continue to receive payments under a regularly established pension plan of general application for fully retired employees of an institution under the supervision of the department.
Section 7-1-803(2)(d)Verify source
§ 7-1-803(3)Subsection 7-1-803(3)Provision

A person who incurs indebtedness under Subsection (2) must file a full written disclosure with the commissioner’s office.

Full disclosure in writing of any indebtedness incurred under Subsection (2) shall be filed in the commissioner's office.
Section 7-1-803(3)Verify source
§ 7-1-803(4)Subsection 7-1-803(4)Provision

A person who knowingly violates this section to gain through the influence of their office forfeits the office or employment and commits a third degree felony.

Any person who knowingly violates this section with the intention of getting gain through the influence of that person's office shall forfeit the office or employment and is guilty of a third degree felony.
Section 7-1-803(4)Verify source

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