(1) A change in control of a licensee shall require prior notice to the commissioner. In the case of a publicly traded corporation, notification shall be made in writing within 15 days of a change or acquisition of control of a licensee. Upon notification, the commissioner may require information considered necessary to determine whether an application for a license is required. The commissioner may waive the filing of an application if, in the commissioner’s discretion, the change in control does not pose a risk to the interests of the public.

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Terms Used In Utah Code 7-25-302

  • 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
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Licensee: means a person licensed under this chapter. See Utah Code 7-25-102
  • 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
  • Writing: includes :
         (48)(a) printing;
         (48)(b) handwriting; and
         (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5
(2) Whenever control of a licensee is acquired or exercised in violation of this section, the license of the licensee shall be considered revoked as of the date of the unlawful acquisition of control. The licensee, or its controlling person, shall surrender the license to the commissioner on demand.