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Terms Used In Utah Code 7-19-3

  • 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
  • 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
  • Failing or failed depository institution: means a depository institution under the jurisdiction of the department:
         (1)(a) regarding which the commissioner makes a finding that any of the conditions set forth in Subsections 7-2-1(1)(a) through (k) exist;
         (1)(b) that meets the requirements of Subsection 7-2-1(1)(l);
         (1)(c) whose shareholders have consented to a supervisory action by the commissioner pursuant to Subsection 7-2-1(2); or
         (1)(d) which is in the possession of the commissioner, or any receiver or liquidator appointed by the commissioner, pursuant to Chapter 2, Possession of Depository Institution by Commissioner. See Utah Code 7-19-1
  • Failing or failed depository institution holding company: means a depository institution holding company under the jurisdiction of the department:
         (2)(a) regarding which the commissioner makes a finding that any of the conditions set forth in Subsections 7-2-1(1)(a) through (k) exist;
         (2)(b) that meets the requirements of Subsection 7-2-1(1)(l);
         (2)(c) whose shareholders have consented to a supervisory action by the commissioner pursuant to Subsection 7-2-1(2);
         (2)(d) which is in the possession of the commissioner, or any receiver or liquidator appointed by the commissioner, pursuant to Chapter 2, Possession of Depository Institution by Commissioner; or
         (2)(e) whose subsidiary depository institution is a failing or failed depository institution. See Utah Code 7-19-1
  • Supervisory acquisition: means the acquisition of control, the acquisition of all or a portion of the assets, or the assumption of all or a portion of the liabilities, pursuant to Section 7-2-1, 7-2-12, or 7-2-18, of a failing or failed depository institution or a failing or failed depository institution holding company, whether or not in the possession of the commissioner, by:
         (3)(a) a Utah depository institution;
         (3)(b) an out-of-state depository institution;
         (3)(c) a Utah depository institution holding company; or
         (3)(d) an out-of-state depository institution holding company. See Utah Code 7-19-1
  • Supervisory merger: means the merger or consolidation, pursuant to Section 7-2-1, 7-2-12, or 7-2-18 of a failing or failed depository institution or a failing or failed depository institution holding company, whether or not in the possession of the commissioner, with:
         (4)(a) a Utah depository institution;
         (4)(b) an out-of-state depository institution;
         (4)(c) a Utah depository institution holding company; or
         (4)(d) an out-of-state depository institution holding company. See Utah Code 7-19-1

     The commissioner may waive any of the procedures of Section 7-1-705 or any regulation of the department if he considers it necessary to protect the interest of depositors, creditors, and other customers of a failing or failed depository institution or failing or failed depository institution holding company in a supervisory merger or a supervisory acquisition.