Utah Code 7-1-1001. Definitions — Written consent or court order for disclosure by financial institution — Exception
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(1) As used in this part:
Terms Used In Utah Code 7-1-1001
- Account holder: means a person for whom an account is held by a financial institution. See Utah Code 7-1-1001
- City: includes , depending on population, a metro township as defined in Section
10-3c-102 . See Utah Code 68-3-12.5 - Commissioner: means the Commissioner of Financial Institutions. See Utah Code 7-1-103
- Department: means the Department of Financial Institutions. See Utah Code 7-1-103
- Financial institution: means an institution subject to the jurisdiction of the department because of this title. See Utah Code 7-1-103
- Governmental entity: means :(1)(b)(i) the state, including:(1)(b)(i)(A) a department;(1)(b)(i)(B) an institution;(1)(b)(i)(C) a board;(1)(b)(i)(D) a division;(1)(b)(i)(E) a bureau;(1)(b)(i)(F) an office;(1)(b)(i)(G) a commission;(1)(b)(i)(H) a committee; or(1)(b)(i)(I) an elected official; and(1)(b)(ii) a political subdivision of the state, including:(1)(b)(ii)(A) a county;(1)(b)(ii)(B) a city;(1)(b)(ii)(C) a town;(1)(b)(ii)(D) a school district;(1)(b)(ii)(E) a public transit district;(1)(b)(ii)(F) a redevelopment agency;(1)(b)(ii)(G) a special improvement district; or(1)(b)(ii)(H) a taxing district. See Utah Code 7-1-1001
- 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- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Nonprotected record: means a record maintained by a financial institution to facilitate the conduct of the financial institution's business regarding a person or account, including:
(1)(c)(i) the existence of an account;(1)(c)(ii) the opening and closing dates of an account;(1)(c)(iii) the name under which an account is held; and(1)(c)(iv) the name, address, and telephone number of an account holder. See Utah Code 7-1-1001- Person: means :
(27)(a) an individual;(27)(b) a corporation;(27)(c) a limited liability company;(27)(d) a partnership;(27)(e) a trust;(27)(f) an association;(27)(g) a joint venture;(27)(h) a pool;(27)(i) a syndicate;(27)(j) a sole proprietorship;(27)(k) an unincorporated organization; or(27)(l) any form of business entity. See Utah Code 7-1-103- Record: means information that is:
(1)(e)(i) prepared, owned, received, or retained by a financial institution;(1)(e)(ii)(1)(e)(ii)(A) inscribed on a tangible medium; or(1)(e)(ii)(B) stored in an electronic or other medium; and(1)(e)(iii) retrievable in perceivable form. See Utah Code 7-1-1001- 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- Subpoena: A command to a witness to appear and give testimony.
- Town: includes , depending on population, a metro township as defined in Section
10-3c-102 . See Utah Code 68-3-12.5(1)(a) “Account holder” means a person for whom an account is held by a financial institution.(1)(b) “Governmental entity” means:(1)(b)(i) the state, including:(1)(b)(i)(A) a department;(1)(b)(i)(B) an institution;(1)(b)(i)(C) a board;(1)(b)(i)(D) a division;(1)(b)(i)(E) a bureau;(1)(b)(i)(F) an office;(1)(b)(i)(G) a commission;(1)(b)(i)(H) a committee; or(1)(b)(i)(I) an elected official; and(1)(b)(ii) a political subdivision of the state, including:(1)(b)(ii)(A) a county;(1)(b)(ii)(B) a city;(1)(b)(ii)(C) a town;(1)(b)(ii)(D) a school district;(1)(b)(ii)(E) a public transit district;(1)(b)(ii)(F) a redevelopment agency;(1)(b)(ii)(G) a special improvement district; or(1)(b)(ii)(H) a taxing district.(1)(c) “Nonprotected record” means a record maintained by a financial institution to facilitate the conduct of the financial institution’s business regarding a person or account, including:(1)(c)(i) the existence of an account;(1)(c)(ii) the opening and closing dates of an account;(1)(c)(iii) the name under which an account is held; and(1)(c)(iv) the name, address, and telephone number of an account holder.(1)(d) “Protected record” means a record that is not defined as a nonprotected record.(1)(e) “Record” means information that is:(1)(e)(i) prepared, owned, received, or retained by a financial institution;(1)(e)(ii)(1)(e)(ii)(A) inscribed on a tangible medium; or(1)(e)(ii)(B) stored in an electronic or other medium; and(1)(e)(iii) retrievable in perceivable form.(2) Except for a governmental entity listed in Subsection 7-1-1006(1), an individual acting on behalf of a governmental entity may not request, obtain by subpoena, or otherwise obtain information from a state or federally chartered financial institution that constitutes a record reflecting the financial condition of any person without first obtaining:(2)(a) written permission from all account holders of the account referenced in the record to be examined; or(2)(b) an order from a court of competent jurisdiction permitting access to the record.(3) This section does not apply to a review made by the commissioner to determine whether a financial institution is operating in accordance with law. - Institution: means :