United States — Utah Act or statute

United States — Utah legislation

Utah Code § 7-28-103, 2025

This section limits when agreement terms may change the effect of specified sections and when a bank and depositor may amend an account agreement without a beneficiary’s consent.

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“This section limits when agreement terms may change the effect of specified sections and when a bank and depositor may amend an account agreement without a beneficiary’s consent.”

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Variation by agreement or amendment.

This section limits when agreement terms may change the effect of specified sections and when a bank and depositor may amend an account agreement without a beneficiary’s consent.

Section 7-28-103

Subsection 7-28-103(1)(a)

The effect of Sections 7-28-101 through 7-28-105 , Sections 7-28-107 through 7-28-110 , and Section 7-28-113 may not be varied by agreement, except as provided in those sections.

Section 7-28-103(1)(a)

Subsection 7-28-103(2)

A contract or record term that substantially excuses liability or limits remedies for failing to perform a duty under this chapter is not enough to change the chapter’s effect.

Section 7-28-103(2)

Subsection 7-28-103(3)

The bank and the depositor may amend the account agreement without the beneficiary’s consent only if the agreement expressly allows that amendment.

Section 7-28-103(3)

Subsection 7-28-103(5)

The bank and the depositor may amend the account agreement without the beneficiary’s consent if the amendment is made in good faith and they do not know whether the beneficiary knows the agreement’s terms.

Section 7-28-103(5)

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Source record from le.utah.gov · Enacted 2025

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Showing 8 of 8 provisions

Amendment 4Provision 4

Part 7-28-1

part 7-28-1 Uniform Special Deposits Act

§ 7-28-103Variation by agreement or amendment.Amendment

This section limits when agreement terms may change the effect of specified sections and when a bank and depositor may amend an account agreement without a beneficiary’s consent.

Variation by agreement or amendment. The effect of Sections 7-28-101 through 7-28-105 , Sections 7-28-107 through 7-28-110 , and Section 7-28-113 may not be varied by agreement, except as provided in those sections. Subject to Subsection (2) , the effect of Sections 7-28-106 , 7-28-111 , and 7-28-112 may be varied by agreement. A provision in an account agreement or other record that substantially excuses liability or substantially limits remedies for failure to perform an obligation under this chapter is not sufficient to vary the effect of a provision of this chapter. If a beneficiary is a party to an account agreement, the bank and the depositor may amend the agreement without the consent of the beneficiary only if the agreement expressly permits the amendment. If a beneficiary is not a party to an account agreement and the bank and the depositor know the beneficiary has knowledge of the agreement's terms, the bank and the depositor may amend the agreement without the consent of the beneficiary only if the amendment does not adversely and materially affect a payment right of the beneficiary. If a beneficiary is not a party to an account agreement and the bank and the depositor do not know whether the beneficiary has knowledge of the agreement's terms, the bank and the depositor may amend the agreement without the consent of the beneficiary only if the amendment is made in good faith.
Section 7-28-103Verify source
§ 7-28-103(1)Subsection 7-28-103(1)Provision

The effect of Sections 7-28-101 through 7-28-105 , Sections 7-28-107 through 7-28-110 , and Section 7-28-113 may not be varied by agreement, except as provided in those sections. Subject to Subsection (2) , the effect of Sections 7-28-106

The effect of Sections 7-28-101 through 7-28-105 , Sections 7-28-107 through 7-28-110 , and Section 7-28-113 may not be varied by agreement, except as provided in those sections. Subject to Subsection (2) , the effect of Sections 7-28-106 , 7-28-111 , and 7-28-112 may be varied by agreement.
Section 7-28-103(1)Verify source
§ 7-28-103(1)(a)Subsection 7-28-103(1)(a)Provision

The effect of Sections 7-28-101 through 7-28-105 , Sections 7-28-107 through 7-28-110 , and Section 7-28-113 may not be varied by agreement, except as provided in those sections.

The effect of Sections 7-28-101 through 7-28-105 , Sections 7-28-107 through 7-28-110 , and Section 7-28-113 may not be varied by agreement, except as provided in those sections.
Section 7-28-103(1)(a)Verify source
§ 7-28-103(1)(b)Subsection 7-28-103(1)(b)Provision

Subject to Subsection (2), the effect of Sections 7-28-106, 7-28-111, and 7-28-112 may be varied by agreement.

Subject to Subsection (2) , the effect of Sections 7-28-106 , 7-28-111 , and 7-28-112 may be varied by agreement.
Section 7-28-103(1)(b)Verify source
§ 7-28-103(2)Subsection 7-28-103(2)Provision

A contract or record term that substantially excuses liability or limits remedies for failing to perform a duty under this chapter is not enough to change the chapter’s effect.

A provision in an account agreement or other record that substantially excuses liability or substantially limits remedies for failure to perform an obligation under this chapter is not sufficient to vary the effect of a provision of this chapter.
Section 7-28-103(2)Verify source
§ 7-28-103(3)Subsection 7-28-103(3)Amendment

The bank and the depositor may amend the account agreement without the beneficiary’s consent only if the agreement expressly allows that amendment.

If a beneficiary is a party to an account agreement, the bank and the depositor may amend the agreement without the consent of the beneficiary only if the agreement expressly permits the amendment.
Section 7-28-103(3)Verify source
§ 7-28-103(4)Subsection 7-28-103(4)Amendment

The bank and the depositor may amend the account agreement without the beneficiary’s consent if the beneficiary is not a party, the bank and depositor know the beneficiary knows the terms, and the amendment does not adversely and materially affect the beneficiary’s payment right.

If a beneficiary is not a party to an account agreement and the bank and the depositor know the beneficiary has knowledge of the agreement's terms, the bank and the depositor may amend the agreement without the consent of the beneficiary only if the amendment does not adversely and materially affect a payment right of the beneficiary.
Section 7-28-103(4)Verify source
§ 7-28-103(5)Subsection 7-28-103(5)Amendment

The bank and the depositor may amend the account agreement without the beneficiary’s consent if the amendment is made in good faith and they do not know whether the beneficiary knows the agreement’s terms.

If a beneficiary is not a party to an account agreement and the bank and the depositor do not know whether the beneficiary has knowledge of the agreement's terms, the bank and the depositor may amend the agreement without the consent of the beneficiary only if the amendment is made in good faith.
Section 7-28-103(5)Verify source

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