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Terms Used In Utah Code 61-1-15

  • Division: means the Division of Securities established by Section 61-1-18. See Utah Code 61-1-13
  • Federal covered security: means a security that is a covered security under Section 18(b) of the Securities Act of 1933 or rules or regulations promulgated under Section 18(b) of the Securities Act of 1933. See Utah Code 61-1-13
  • Investment adviser: includes a financial planner or other person who:
                   (1)(q)(ii)(A) as an integral component of other financially related services, provides the investment advisory services described in Subsection (1)(q)(i) to others as part of a business;
                   (1)(q)(ii)(B) holds the person out as providing the investment advisory services described in Subsection (1)(q)(i) to others; or
                   (1)(q)(ii)(C) holds the person out as a financial adviser, financial consultant, or any other similar title as the division may specify in rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, in any way as to imply that the person is generally engaged in an investment advisory business, including a person who does not hold a securities license and uses a title described in this Subsection (1)(q)(ii)(C) in any advertising or marketing material. See Utah Code 61-1-13
  • Security: means a:
                   (1)(ee)(i)(A) note;
                   (1)(ee)(i)(B) stock;
                   (1)(ee)(i)(C) treasury stock;
                   (1)(ee)(i)(D) bond;
                   (1)(ee)(i)(E) debenture;
                   (1)(ee)(i)(F) evidence of indebtedness;
                   (1)(ee)(i)(G) certificate of interest or participation in a profit-sharing agreement;
                   (1)(ee)(i)(H) collateral-trust certificate;
                   (1)(ee)(i)(I) preorganization certificate or subscription;
                   (1)(ee)(i)(J) transferable share;
                   (1)(ee)(i)(K) investment contract;
                   (1)(ee)(i)(L) burial certificate or burial contract;
                   (1)(ee)(i)(M) voting-trust certificate;
                   (1)(ee)(i)(N) certificate of deposit for a security;
                   (1)(ee)(i)(O) certificate of interest or participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease;
                   (1)(ee)(i)(P) commodity contract or commodity option;
                   (1)(ee)(i)(Q) interest in a limited liability company;
                   (1)(ee)(i)(R) life settlement interest; or
                   (1)(ee)(i)(S) in general, an interest or instrument commonly known as a "security" or a certificate of interest or participation in, temporary or interim certificate for, receipt for, guarantee of, or warrant or right to subscribe to or purchase an item listed in Subsections (1)(ee)(i)(A) through (R). See Utah Code 61-1-13

     The division may by rule or order require the filing of any prospectus, pamphlet, circular, form letter, advertisement, or other sales literature or advertising communication addressed or intended for distribution to prospective investors, including clients or prospective clients of an investment adviser unless the security or transaction is exempted by Section 61-1-14 or is a federal covered security.