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United States — Utah Act or statute

United States — Utah legislation

Utah Code § 7-28-101, 2025

Definitions. As used in this chapter: "Account agreement" means an agreement that: is in a record between a bank and one or more depositors; may have one or more beneficiaries as additional parties;…

Source excerpt

account agreementsaccountsbank accountsbank definitionsbankingbanking organization structurebeneficiariescommercial dealingdefinitiondeposit accountsdeposit administrationdeposit agreementsdepositorsdistribution of fundselectronic recordsescrowfinancial institutionsfinancial market infrastructurefundsinformation handlingpayment entitlementpaymentspurpose definitionsrecordkeepingscopesecurities settlementsecurity depositsspecial deposits
Jurisdiction
United States — Utah
Status
In force
Official identity
Year 2025
Dates
Enacted 2025
More statute details
Dates
Enacted 2025
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“Definitions. As used in this chapter: "Account agreement" means an agreement that: is in a record between a bank and one or more depositors; may have one or more beneficiaries as additional parties; and states the intention of the parties”

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Definitions.

Definitions. As used in this chapter: "Account agreement" means an agreement that: is in a record between a bank and one or more depositors; may have one or more beneficiaries as additional parties; and states the intention of the parties

Section 7-28-101

Subsection 7-28-101(9)

A beneficiary is entitled to receive a payment from the bank under the account agreement when a contingency has occurred and the bank knows it has occurred.

Section 7-28-101(9)

Subsection 7-28-101(10)(b)(iii)

settle an obligation that arises in the operation of a payment system, securities settlement system, or other financial market infrastructure;

Section 7-28-101(10)(b)(iii)

04

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In force source record

Source record from le.utah.gov · Enacted 2025

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Provision 49Interpretation

Part 7-28-1

part 7-28-1 Uniform Special Deposits Act

§ 7-28-101Definitions.Interpretation

Source excerpt

Definitions. As used in this chapter: "Account agreement" means an agreement that: is in a record between a bank and one or more depositors; may have one or more beneficiaries as additional parties; and states the intention of the parties

Definitions. As used in this chapter: "Account agreement" means an agreement that: is in a record between a bank and one or more depositors; may have one or more beneficiaries as additional parties; and states the intention of the parties to establish a special deposit governed by this chapter. "Bank" means a person engaged in the business of banking. "Bank" includes a savings bank, savings and loan association, credit union, and trust company. Each branch or separate office of a bank is a separate bank for the purpose of this chapter. "Beneficiary" means a person that: is identified as a beneficiary in an account agreement; or if not identified as a beneficiary in an account agreement, may be entitled to payment from a special deposit: under the account agreement; or on termination of the special deposit. "Contingency" means an event or circumstance stated in an account agreement that is not certain to occur but shall occur before the bank is obligated to pay a beneficiary. "Creditor process" means attachment, garnishment, levy, notice of lien, sequestration, or similar process issued by or on behalf of a creditor or other claimant. "Depositor" means a person that establishes or funds a special deposit. "Good faith" means honesty in fact and observance of reasonable commercial standards of fair dealing. "Knowledge of a fact" means: with respect to a beneficiary, actual knowledge of the fact; or with respect to a bank holding a special deposit: if the bank: has established a reasonable routine for communicating material information to an individual to whom the bank has assigned responsibility for the special deposit; and maintains reasonable compliance with the routine, actual knowledge of the fact by that individual; or if the bank has not established and maintained reasonable compliance with a routine described in Subsection (8)(b)(i) or otherwise exercised due diligence, implied knowledge of the fact that would have come to the attention of an individual to whom the bank has assigned responsibility for the special deposit. "Obligated to pay a beneficiary" means a beneficiary is entitled under the account agreement to receive from the bank a payment when: a contingency has occurred; and the bank has knowledge the contingency has occurred. "Permissible purpose" means a governmental, regulatory, commercial, charitable, or testamentary objective of the parties stated in an account agreement. "Permissible purpose" includes an objective to: hold funds: in escrow, including for a purchase and sale, lease, buyback, or other transaction; as a security deposit of a tenant; that may be distributed to a person as remuneration, retirement or other benefit, or compensation under a judgment, consent decree, court order, or other decision of a tribunal; or for distribution to a defined class of persons after identification of the class members and the class members' interest in the funds; provide assurance with respect to an obligation created by contract, such as earnest money to ensure a transaction closes; settle an obligation that arises in the operation of a payment system, securities settlement system, or other financial market infrastructure; provide assurance with respect to an obligation that arises in the operation of a payment system, securities settlement system, or other financial market infrastructure; or hold margin, other cash collateral, or funds that support the orderly functioning of financial market infrastructure or the performance of an obligation with respect to the infrastructure. "Person" means an individual, estate, business or nonprofit entity, government or governmental subdivision, agency, or instrumentality, or other legal entity. "Person" includes a protected series, however denominated, of an entity if the protected series is established under law that limits, or limits if conditions specified under law are satisfied, the ability of a creditor of the entity or of any other protected series of the entity to satisfy a claim from assets of the protected series. "Record" means information: inscribed on a tangible medium; or stored in an electronic or other medium and retrievable in perceivable form. "Special deposit" means a deposit that satisfies Section 7-28-104 . "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any other territory or possession subject to the jurisdiction of the United States. "State" includes an agency or instrumentality of the state.
Section 7-28-101Verify source
§ 7-28-101(1)Subsection 7-28-101(1)Provision

Source excerpt

"Account agreement" means an agreement that: is in a record between a bank and one or more depositors; may have one or more beneficiaries as additional parties; and states the intention of the parties to establish a special deposit

"Account agreement" means an agreement that: is in a record between a bank and one or more depositors; may have one or more beneficiaries as additional parties; and states the intention of the parties to establish a special deposit governed by this chapter.
Section 7-28-101(1)Verify source
§ 7-28-101(1)(a)Subsection 7-28-101(1)(a)Provision

Source excerpt

is in a record between a bank and one or more depositors;

is in a record between a bank and one or more depositors;
Section 7-28-101(1)(a)Verify source
§ 7-28-101(1)(b)Subsection 7-28-101(1)(b)Provision

Source excerpt

may have one or more beneficiaries as additional parties; and

may have one or more beneficiaries as additional parties; and
Section 7-28-101(1)(b)Verify source
§ 7-28-101(1)(c)Subsection 7-28-101(1)(c)Provision

Source excerpt

states the intention of the parties to establish a special deposit governed by this chapter.

states the intention of the parties to establish a special deposit governed by this chapter.
Section 7-28-101(1)(c)Verify source
§ 7-28-101(2)Subsection 7-28-101(2)Provision

Source excerpt

This subsection defines “bank” and treats each branch or separate office of a bank as a separate bank for this chapter.

"Bank" means a person engaged in the business of banking. "Bank" includes a savings bank, savings and loan association, credit union, and trust company. Each branch or separate office of a bank is a separate bank for the purpose of this chapter.
Section 7-28-101(2)Verify source
§ 7-28-101(2)(a)Subsection 7-28-101(2)(a)Provision

Source excerpt

“Bank” means a person engaged in the business of banking.

"Bank" means a person engaged in the business of banking.
Section 7-28-101(2)(a)Verify source
§ 7-28-101(2)(b)Subsection 7-28-101(2)(b)Provision

Source excerpt

"Bank" includes a savings bank, savings and loan association, credit union, and trust company.

"Bank" includes a savings bank, savings and loan association, credit union, and trust company.
Section 7-28-101(2)(b)Verify source
§ 7-28-101(2)(c)Subsection 7-28-101(2)(c)Provision

Source excerpt

Each branch or separate office of a bank is a separate bank for the purpose of this chapter.

Each branch or separate office of a bank is a separate bank for the purpose of this chapter.
Section 7-28-101(2)(c)Verify source
§ 7-28-101(3)Subsection 7-28-101(3)Provision

Source excerpt

Defines “beneficiary” for an account agreement or special deposit.

"Beneficiary" means a person that: is identified as a beneficiary in an account agreement; or if not identified as a beneficiary in an account agreement, may be entitled to payment from a special deposit: under the account agreement; or on termination of the special deposit.
Section 7-28-101(3)Verify source
§ 7-28-101(3)(a)Subsection 7-28-101(3)(a)Provision

Source excerpt

is identified as a beneficiary in an account agreement; or

is identified as a beneficiary in an account agreement; or
Section 7-28-101(3)(a)Verify source
§ 7-28-101(3)(b)Subsection 7-28-101(3)(b)Provision

Source excerpt

A person not identified as a beneficiary in an account agreement may be entitled to payment from a special deposit.

if not identified as a beneficiary in an account agreement, may be entitled to payment from a special deposit: under the account agreement; or on termination of the special deposit.
Section 7-28-101(3)(b)Verify source
§ 7-28-101(3)(b)(i)Subsection 7-28-101(3)(b)(i)Provision

Source excerpt

under the account agreement; or

under the account agreement; or
Section 7-28-101(3)(b)(i)Verify source
§ 7-28-101(3)(b)(ii)Subsection 7-28-101(3)(b)(ii)Provision

Source excerpt

on termination of the special deposit.

on termination of the special deposit.
Section 7-28-101(3)(b)(ii)Verify source
§ 7-28-101(4)Subsection 7-28-101(4)Provision

Source excerpt

“Contingency” means an event or circumstance in an account agreement that is not certain to occur and must occur before the bank must pay a beneficiary.

"Contingency" means an event or circumstance stated in an account agreement that is not certain to occur but shall occur before the bank is obligated to pay a beneficiary.
Section 7-28-101(4)Verify source
§ 7-28-101(5)Subsection 7-28-101(5)Provision

Source excerpt

Defines “creditor process” to include attachment, garnishment, levy, notice of lien, sequestration, and similar processes issued by or for a creditor or other claimant.

"Creditor process" means attachment, garnishment, levy, notice of lien, sequestration, or similar process issued by or on behalf of a creditor or other claimant.
Section 7-28-101(5)Verify source
§ 7-28-101(6)Subsection 7-28-101(6)Provision

Source excerpt

“Depositor” means a person that establishes or funds a special deposit.

"Depositor" means a person that establishes or funds a special deposit.
Section 7-28-101(6)Verify source
§ 7-28-101(7)Subsection 7-28-101(7)Provision

Source excerpt

“Good faith” means honesty in fact and observance of reasonable commercial standards of fair dealing.

"Good faith" means honesty in fact and observance of reasonable commercial standards of fair dealing.
Section 7-28-101(7)Verify source
§ 7-28-101(8)Subsection 7-28-101(8)Provision

Source excerpt

"Knowledge of a fact" means: with respect to a beneficiary, actual knowledge of the fact; or with respect to a bank holding a special deposit: if the bank: has established a reasonable routine for communicating material information to an

"Knowledge of a fact" means: with respect to a beneficiary, actual knowledge of the fact; or with respect to a bank holding a special deposit: if the bank: has established a reasonable routine for communicating material information to an individual to whom the bank has assigned responsibility for the special deposit; and maintains reasonable compliance with the routine, actual knowledge of the fact by that individual; or if the bank has not established and maintained reasonable compliance with a routine described in Subsection (8)(b)(i) or otherwise exercised due diligence, implied knowledge of the fact that would have come to the attention of an individual to whom the bank has assigned responsibility for the special deposit.
Section 7-28-101(8)Verify source
§ 7-28-101(8)(a)Subsection 7-28-101(8)(a)Provision

Source excerpt

with respect to a beneficiary, actual knowledge of the fact; or

with respect to a beneficiary, actual knowledge of the fact; or
Section 7-28-101(8)(a)Verify source
§ 7-28-101(8)(b)Subsection 7-28-101(8)(b)Provision

Source excerpt

with respect to a bank holding a special deposit: if the bank: has established a reasonable routine for communicating material information to an individual to whom the bank has assigned responsibility for the special deposit; and maintains

with respect to a bank holding a special deposit: if the bank: has established a reasonable routine for communicating material information to an individual to whom the bank has assigned responsibility for the special deposit; and maintains reasonable compliance with the routine, actual knowledge of the fact by that individual; or if the bank has not established and maintained reasonable compliance with a routine described in Subsection (8)(b)(i) or otherwise exercised due diligence, implied knowledge of the fact that would have come to the attention of an individual to whom the bank has assigned responsibility for the special deposit.
Section 7-28-101(8)(b)Verify source
§ 7-28-101(8)(b)(i)Subsection 7-28-101(8)(b)(i)Provision

Source excerpt

If the bank has a reasonable routine for communicating material information to the person responsible for the special deposit, and follows that routine reasonably, actual knowledge by that person is treated as supported by the provision.

if the bank: has established a reasonable routine for communicating material information to an individual to whom the bank has assigned responsibility for the special deposit; and maintains reasonable compliance with the routine, actual knowledge of the fact by that individual; or
Section 7-28-101(8)(b)(i)Verify source
§ 7-28-101(8)(b)(i)(A)Subsection 7-28-101(8)(b)(i)(A)Provision

Source excerpt

has established a reasonable routine for communicating material information to an individual to whom the bank has assigned responsibility for the special deposit; and

has established a reasonable routine for communicating material information to an individual to whom the bank has assigned responsibility for the special deposit; and
Section 7-28-101(8)(b)(i)(A)Verify source
§ 7-28-101(8)(b)(i)(B)Subsection 7-28-101(8)(b)(i)(B)Provision

Source excerpt

maintains reasonable compliance with the routine, actual knowledge of the fact by that individual; or

maintains reasonable compliance with the routine, actual knowledge of the fact by that individual; or
Section 7-28-101(8)(b)(i)(B)Verify source
§ 7-28-101(8)(b)(ii)Subsection 7-28-101(8)(b)(ii)Provision

Source excerpt

if the bank has not established and maintained reasonable compliance with a routine described in Subsection (8)(b)(i) or otherwise exercised due diligence, implied knowledge of the fact that would have come to the attention of an

if the bank has not established and maintained reasonable compliance with a routine described in Subsection (8)(b)(i) or otherwise exercised due diligence, implied knowledge of the fact that would have come to the attention of an individual to whom the bank has assigned responsibility for the special deposit.
Section 7-28-101(8)(b)(ii)Verify source
§ 7-28-101(9)Subsection 7-28-101(9)Provision

Source excerpt

A beneficiary is entitled to receive a payment from the bank under the account agreement when a contingency has occurred and the bank knows it has occurred.

"Obligated to pay a beneficiary" means a beneficiary is entitled under the account agreement to receive from the bank a payment when: a contingency has occurred; and the bank has knowledge the contingency has occurred.
Section 7-28-101(9)Verify source
§ 7-28-101(9)(a)Subsection 7-28-101(9)(a)Provision

Source excerpt

a contingency has occurred; and

a contingency has occurred; and
Section 7-28-101(9)(a)Verify source
§ 7-28-101(9)(b)Subsection 7-28-101(9)(b)Provision

Source excerpt

The bank is described as having knowledge that the contingency has occurred.

the bank has knowledge the contingency has occurred.
Section 7-28-101(9)(b)Verify source
§ 7-28-101(10)Subsection 7-28-101(10)Provision

Source excerpt

Defines “permissible purpose” as certain stated objectives in an account agreement, including escrow, tenant security deposits, benefit distributions, class distributions, contract assurance, settlement obligations, and supporting financial market infrastructure.

"Permissible purpose" means a governmental, regulatory, commercial, charitable, or testamentary objective of the parties stated in an account agreement. "Permissible purpose" includes an objective to: hold funds: in escrow, including for a purchase and sale, lease, buyback, or other transaction; as a security deposit of a tenant; that may be distributed to a person as remuneration, retirement or other benefit, or compensation under a judgment, consent decree, court order, or other decision of a tribunal; or for distribution to a defined class of persons after identification of the class members and the class members' interest in the funds; provide assurance with respect to an obligation created by contract, such as earnest money to ensure a transaction closes; settle an obligation that arises in the operation of a payment system, securities settlement system, or other financial market infrastructure; provide assurance with respect to an obligation that arises in the operation of a payment system, securities settlement system, or other financial market infrastructure; or hold margin, other cash collateral, or funds that support the orderly functioning of financial market infrastructure or the performance of an obligation with respect to the infrastructure.
Section 7-28-101(10)Verify source
§ 7-28-101(10)(a)Subsection 7-28-101(10)(a)Provision

Source excerpt

Defines “permissible purpose” as a governmental, regulatory, commercial, charitable, or testamentary objective stated in an account agreement.

"Permissible purpose" means a governmental, regulatory, commercial, charitable, or testamentary objective of the parties stated in an account agreement.
Section 7-28-101(10)(a)Verify source
§ 7-28-101(10)(b)Subsection 7-28-101(10)(b)Provision

Source excerpt

The provision says “permissible purpose” includes several listed objectives for holding or using funds.

"Permissible purpose" includes an objective to: hold funds: in escrow, including for a purchase and sale, lease, buyback, or other transaction; as a security deposit of a tenant; that may be distributed to a person as remuneration, retirement or other benefit, or compensation under a judgment, consent decree, court order, or other decision of a tribunal; or for distribution to a defined class of persons after identification of the class members and the class members' interest in the funds; provide assurance with respect to an obligation created by contract, such as earnest money to ensure a transaction closes; settle an obligation that arises in the operation of a payment system, securities settlement system, or other financial market infrastructure; provide assurance with respect to an obligation that arises in the operation of a payment system, securities settlement system, or other financial market infrastructure; or hold margin, other cash collateral, or funds that support the orderly functioning of financial market infrastructure or the performance of an obligation with respect to the infrastructure.
Section 7-28-101(10)(b)Verify source
§ 7-28-101(10)(b)(i)Subsection 7-28-101(10)(b)(i)Provision

Source excerpt

hold funds: in escrow, including for a purchase and sale, lease, buyback, or other transaction; as a security deposit of a tenant; that may be distributed to a person as remuneration, retirement or other benefit, or compensation under a

hold funds: in escrow, including for a purchase and sale, lease, buyback, or other transaction; as a security deposit of a tenant; that may be distributed to a person as remuneration, retirement or other benefit, or compensation under a judgment, consent decree, court order, or other decision of a tribunal; or for distribution to a defined class of persons after identification of the class members and the class members' interest in the funds;
Section 7-28-101(10)(b)(i)Verify source
§ 7-28-101(10)(b)(i)(A)Subsection 7-28-101(10)(b)(i)(A)Provision

Source excerpt

in escrow, including for a purchase and sale, lease, buyback, or other transaction;

in escrow, including for a purchase and sale, lease, buyback, or other transaction;
Section 7-28-101(10)(b)(i)(A)Verify source
§ 7-28-101(10)(b)(i)(B)Subsection 7-28-101(10)(b)(i)(B)Provision

Source excerpt

A tenant’s security deposit is referred to as a security deposit.

as a security deposit of a tenant;
Section 7-28-101(10)(b)(i)(B)Verify source
§ 7-28-101(10)(b)(i)(C)Subsection 7-28-101(10)(b)(i)(C)Provision

Source excerpt

that may be distributed to a person as remuneration, retirement or other benefit, or compensation under a judgment, consent decree, court order, or other decision of a tribunal; or

that may be distributed to a person as remuneration, retirement or other benefit, or compensation under a judgment, consent decree, court order, or other decision of a tribunal; or
Section 7-28-101(10)(b)(i)(C)Verify source
§ 7-28-101(10)(b)(i)(D)Subsection 7-28-101(10)(b)(i)(D)Provision

Source excerpt

for distribution to a defined class of persons after identification of the class members and the class members' interest in the funds;

for distribution to a defined class of persons after identification of the class members and the class members' interest in the funds;
Section 7-28-101(10)(b)(i)(D)Verify source
§ 7-28-101(10)(b)(ii)Subsection 7-28-101(10)(b)(ii)Provision

Source excerpt

provide assurance with respect to an obligation created by contract, such as earnest money to ensure a transaction closes;

provide assurance with respect to an obligation created by contract, such as earnest money to ensure a transaction closes;
Section 7-28-101(10)(b)(ii)Verify source
§ 7-28-101(10)(b)(iii)Subsection 7-28-101(10)(b)(iii)Provision

Source excerpt

settle an obligation that arises in the operation of a payment system, securities settlement system, or other financial market infrastructure;

settle an obligation that arises in the operation of a payment system, securities settlement system, or other financial market infrastructure;
Section 7-28-101(10)(b)(iii)Verify source
§ 7-28-101(10)(b)(iv)Subsection 7-28-101(10)(b)(iv)Provision

Source excerpt

provide assurance with respect to an obligation that arises in the operation of a payment system, securities settlement system, or other financial market infrastructure; or

provide assurance with respect to an obligation that arises in the operation of a payment system, securities settlement system, or other financial market infrastructure; or
Section 7-28-101(10)(b)(iv)Verify source
§ 7-28-101(10)(b)(v)Subsection 7-28-101(10)(b)(v)Provision

Source excerpt

hold margin, other cash collateral, or funds that support the orderly functioning of financial market infrastructure or the performance of an obligation with respect to the infrastructure.

hold margin, other cash collateral, or funds that support the orderly functioning of financial market infrastructure or the performance of an obligation with respect to the infrastructure.
Section 7-28-101(10)(b)(v)Verify source
§ 7-28-101(11)Subsection 7-28-101(11)Provision

Source excerpt

"Person" means an individual, estate, business or nonprofit entity, government or governmental subdivision, agency, or instrumentality, or other legal entity. "Person" includes a protected series, however denominated, of an entity if the

"Person" means an individual, estate, business or nonprofit entity, government or governmental subdivision, agency, or instrumentality, or other legal entity. "Person" includes a protected series, however denominated, of an entity if the protected series is established under law that limits, or limits if conditions specified under law are satisfied, the ability of a creditor of the entity or of any other protected series of the entity to satisfy a claim from assets of the protected series.
Section 7-28-101(11)Verify source
§ 7-28-101(11)(a)Subsection 7-28-101(11)(a)Provision

Source excerpt

“Person” is defined to include individuals, estates, business or nonprofit entities, government bodies, agencies, instrumentalities, and other legal entities.

"Person" means an individual, estate, business or nonprofit entity, government or governmental subdivision, agency, or instrumentality, or other legal entity.
Section 7-28-101(11)(a)Verify source
§ 7-28-101(11)(b)Subsection 7-28-101(11)(b)Provision

Source excerpt

“Person” includes a protected series of an entity if the series is established under law that limits a creditor’s ability to reach its assets.

"Person" includes a protected series, however denominated, of an entity if the protected series is established under law that limits, or limits if conditions specified under law are satisfied, the ability of a creditor of the entity or of any other protected series of the entity to satisfy a claim from assets of the protected series.
Section 7-28-101(11)(b)Verify source
§ 7-28-101(12)Subsection 7-28-101(12)Provision

Source excerpt

“Record” means information kept on a tangible medium or stored electronically or in another medium and retrievable in perceivable form.

"Record" means information: inscribed on a tangible medium; or stored in an electronic or other medium and retrievable in perceivable form.
Section 7-28-101(12)Verify source
§ 7-28-101(12)(a)Subsection 7-28-101(12)(a)Provision

Source excerpt

inscribed on a tangible medium; or

inscribed on a tangible medium; or
Section 7-28-101(12)(a)Verify source
§ 7-28-101(12)(b)Subsection 7-28-101(12)(b)Provision

Source excerpt

stored in an electronic or other medium and retrievable in perceivable form.

stored in an electronic or other medium and retrievable in perceivable form.
Section 7-28-101(12)(b)Verify source
§ 7-28-101(13)Subsection 7-28-101(13)Provision

Source excerpt

"Special deposit" means a deposit that satisfies Section 7-28-104.

"Special deposit" means a deposit that satisfies Section 7-28-104 .
Section 7-28-101(13)Verify source
§ 7-28-101(14)Subsection 7-28-101(14)Provision

Source excerpt

“State” is defined to include U.S. states, certain U.S. territories and possessions, and an agency or instrumentality of a state.

"State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any other territory or possession subject to the jurisdiction of the United States. "State" includes an agency or instrumentality of the state.
Section 7-28-101(14)Verify source
§ 7-28-101(14)(a)Subsection 7-28-101(14)(a)Provision

Source excerpt

"State" is defined to include U.S. states, D.C., Puerto Rico, the U.S. Virgin Islands, and other U.S.-jurisdiction territories or possessions.

"State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any other territory or possession subject to the jurisdiction of the United States.
Section 7-28-101(14)(a)Verify source
§ 7-28-101(14)(b)Subsection 7-28-101(14)(b)Provision

Source excerpt

“State” includes an agency or instrumentality of the state.

"State" includes an agency or instrumentality of the state.
Section 7-28-101(14)(b)Verify source

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