(1) There is no state deposit cap or concentration limit under Utah law. A depository institution or depository institution holding company may control any percentage of the total deposits held within this state by all depository institutions of the same class.

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Terms Used In Utah Code 7-1-617

  • Commissioner: means the Commissioner of Financial Institutions. See Utah Code 7-1-103
  • control: means the power, directly or indirectly, or through or in concert with one or more persons, to:
         (5)(a) direct or exercise a controlling influence over:
              (5)(a)(i) the management or policies of a financial institution; or
              (5)(a)(ii) the election of a majority of the directors or trustees of an institution; or
         (5)(b) vote 25% or more of any class of voting securities of a financial institution. See Utah Code 7-1-103
  • Depository institution: means a bank, savings and loan association, savings bank, industrial bank, credit union, or other institution that:
         (8)(a) holds or receives deposits, savings, or share accounts;
         (8)(b) issues certificates of deposit; or
         (8)(c) provides to its customers other depository accounts that are subject to withdrawal by checks, drafts, or other instruments or by electronic means to effect third party payments. See Utah Code 7-1-103
  • Depository institution holding company: means :
              (9)(a)(i) a person other than an individual that:
                   (9)(a)(i)(A) has control over a depository institution; or
                   (9)(a)(i)(B) becomes a holding company of a depository institution under Section 7-1-703; or
              (9)(a)(ii) a person other than an individual that the commissioner finds, after considering the specific circumstances, is exercising or is capable of exercising a controlling influence over a depository institution by means other than those specifically described in this section. See Utah Code 7-1-103
  • Institution: means :
         (19)(a) a corporation;
         (19)(b) a limited liability company;
         (19)(c) a partnership;
         (19)(d) a trust;
         (19)(e) an association;
         (19)(f) a joint venture;
         (19)(g) a pool;
         (19)(h) a syndicate;
         (19)(i) an unincorporated organization; or
         (19)(j) any form of business entity. See Utah Code 7-1-103
  • Out-of-state: means , in reference to a depository institution or depository institution holding company, an institution or company whose home state is not Utah. See Utah Code 7-1-103
  • 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
(2) To the extent authorized by federal law, the commissioner may, on a case by case basis, waive any applicable federal deposit concentration limit that has the effect of being more limiting than Subsection (1). In making a decision to waive a federal deposit concentration limit, the commissioner shall apply a standard that does not discriminate against out-of-state depository institutions, upon a finding that the waiver promotes:

     (2)(a) the availability of financial services;
     (2)(b) the marketability of Utah depository institutions; or
     (2)(c) another public interest.
(3) This section does not affect the applicability, if any, of antitrust law.