(1)

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Terms Used In Utah Code 7-9-6

  • Commissioner: means the Commissioner of Financial Institutions. See Utah Code 7-1-103
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Credit union: means a cooperative, nonprofit association incorporated under:
         (6)(b) Utah Code 7-1-103
  • Field of membership: means persons designated as eligible for credit union membership in accordance with:
         (6)(a) Section 7-9-51 or 7-9-53; and
         (6)(b) the bylaws of the credit union. See Utah Code 7-9-3
  • State: means , unless the context demands otherwise:
         (33)(a) a state;
         (33)(b) the District of Columbia; or
         (33)(c) the territories of the United States. See Utah Code 7-1-103
     (1)(a) Ten or more incorporators belonging to the same group of 200 persons or more having a field of membership may, with the approval of the commissioner, form a corporation to conduct a credit union under:

          (1)(a)(i) this chapter;
          (1)(a)(iii) Chapter 1, General Provisions.
     (1)(b) This chapter takes precedence over conflicting provisions of other state law governing:

          (1)(b)(i) the formation of the corporation; and
          (1)(b)(ii) the duties and obligations of:

               (1)(b)(ii)(A) the corporation;
               (1)(b)(ii)(B) the corporation’s officers; and
               (1)(b)(ii)(C) the corporation’s shareholders or members.
(2) The commissioner may grant the approval referenced in Subsection (1) if the commissioner finds that:

     (2)(a) the proposed field of membership is favorable to the success of the credit union;
     (2)(b) the standing of the proposed membership will give assurance that its affairs will be administered in accordance with this chapter;
     (2)(c) the proposed credit union has a reasonable promise of financial viability; and
     (2)(d) formation of the credit union would not result in a substantial adverse financial impact on an existing credit union having the same or substantially the same field of membership.
(3)

     (3)(a) Except as provided in Subsection (3)(b) and in addition to the requirements of Subsections (1) and (2), Section 7-1-704 governs the formation of a credit union.
     (3)(b) Notwithstanding Subsection (3)(a):

          (3)(b)(i) if the proposed credit union has a field of membership that does not base eligibility on residence in a county, the persons seeking formation of the proposed credit union are not required to provide the notice required under Subsection 7-1-704(3); and
          (3)(b)(ii) a credit union may not be required to obtain federal insurance if the credit union complies with Subsection 7-9-45(2).
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