(1) There is created a Board of Financial Institutions consisting of the commissioner and the following five members, who shall be qualified by training and experience in their respective fields and shall be appointed or reappointed by the governor with the advice and consent of the Senate:

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Terms Used In Utah Code 7-1-203 v2

  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Bank: means a person authorized under the laws of this state, another state, or the United States to accept deposits from the public. See Utah Code 7-1-103
  • Commissioner: means the Commissioner of Financial Institutions. See Utah Code 7-1-103
  • Credit union: means a cooperative, nonprofit association incorporated under:
         (6)(b) Utah Code 7-1-103
  • Department: means the Department of Financial Institutions. See Utah Code 7-1-103
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Financial institution: means an institution subject to the jurisdiction of the department because of this title. 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
  • 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.
  • Money services business: includes :
              (23)(a)(i) a check casher;
              (23)(a)(ii) a deferred deposit lender;
              (23)(a)(iii) an issuer or seller of traveler's checks or money orders; and
              (23)(a)(iv) a money transmitter. See Utah Code 7-1-103
  • Quorum: The number of legislators that must be present to do business.
  • 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) one representative from the commercial banking business;
     (1)(b) one representative from the consumer lending, money services business, or escrow agency business;
     (1)(c) one representative from the industrial bank business;
     (1)(d) one representative from the credit union business; and
     (1)(e) one representative of the general public who, as a result of education, training, experience, or interest, is well qualified to consider economic and financial issues and data as they may affect the public interest in the soundness of the financial systems of this state.
(2) The commissioner shall act as chair.
(3)

     (3)(a) A member of the board shall be a resident of this state.
     (3)(b) No more than two members of the board may be connected with the same financial institution or its holding company.
     (3)(c) A member may not participate in any matter involving an institution with which the member has a conflict of interest.
(4)

     (4)(a) Except as required by Subsection (4)(b), the terms of office shall be four years each expiring on July 1.
     (4)(b) The governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of board members are staggered so that approximately half of the board is appointed every two years.
     (4)(c) A member serves until the member’s successor is appointed and qualified.
     (4)(d) When a vacancy occurs in the membership for any reason, the governor shall, with the advice and consent of the Senate, appoint a replacement for the unexpired term.
(5)

     (5)(a) The board shall meet at least quarterly on a date the board sets.
     (5)(b) The commissioner or any two members of the board may call additional meetings.
     (5)(c) Four members constitute a quorum for the transaction of business.
     (5)(d) Actions of the board require a vote of a majority of those present when a quorum is present.
     (5)(e) A meeting of the board and records of the board’s proceedings are subject to Title 52, Chapter 4, Open and Public Meetings Act, except for discussion of confidential information pertaining to a particular financial institution.
(6)

     (6)(a) A member of the board shall, by sworn or written statement filed with the commissioner, disclose any position of employment or ownership interest that the member has with respect to any institution subject to the jurisdiction of the department.
     (6)(b) The member shall:

          (6)(b)(i) file the statement required by this Subsection (6) when first appointed to the board; and
          (6)(b)(ii) subsequently file amendments to the statement if there is any material change in the matters covered by the statement.
(7) A member may not receive compensation or benefits for the member’s service, but may receive per diem and travel expenses in accordance with:

     (7)(a) Section 63A-3-106;
     (7)(b) Section 63A-3-107; and
     (7)(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
(8) The board shall:

     (8)(a) advise the commissioner with respect to:

          (8)(a)(i) the exercise of the commissioner’s duties, powers, and responsibilities under this title; and
          (8)(a)(ii) the organization and performance of the department and its employees;
     (8)(b) advise the governor and the commissioner on problems relating to financial institutions and foster the interest and cooperation of financial institutions in the improvement of their services to the people of the state; and
     (8)(c) recommend annually to the governor and the Legislature a budget for the requirements of the department in carrying out its duties, functions, and responsibilities under this title.