Utah Code 7-26-401. Immunity
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(1) A covered financial institution or a director, officer, employee, attorney, accountant, agent, or other representative of the covered financial institution:
Terms Used In Utah Code 7-26-401
- Covered financial institution: means any of the following that operate in the state:(2)(a) a state or federally chartered:(2)(a)(i) bank;(2)(a)(ii) savings and loan association;(2)(a)(iii) savings bank;(2)(a)(iv) industrial bank;(2)(a)(v) credit union;(2)(a)(vi) trust company; or(2)(a)(vii) depository institution; or(2)(b) a financial institution. See Utah Code 7-26-102
- Financial exploitation: means :
(3)(a) the wrongful or unauthorized taking, withholding, appropriation, or use of money, assets, or other property of an individual; or(3)(b) an act or omission, including through a power of attorney, guardianship, or conservatorship of an individual, to:(3)(b)(i) obtain control, through deception, intimidation, or undue influence, over the individual's money, assets, or other property to deprive the individual of the ownership, use, benefit, or possession of the individual's money, assets, or other property; or(3)(b)(ii) convert the individual's money, assets, or other property to deprive the individual of the ownership, use, benefit, or possession of the individual's money, assets, or other property. See Utah Code 7-26-102- 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- 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- Vulnerable adult: means :
(8)(a) an individual who is 65 years old or older; or(8)(b) the same as that term is defined in Section 26B-6-201. See Utah Code 7-26-102(1)(a) has no duty to act under this chapter to protect a vulnerable adult from financial exploitation by a third person; and(1)(b) is immune from all criminal, civil, and administrative liability for not taking a permissive action under this chapter.(2) A covered financial institution or a director, officer, employee, attorney, accountant, agent, or other representative of the covered financial institution who chooses to act as described in:(2)(a) Subsection 7-26-201(2), is immune from all criminal, civil, and administrative liability for the act, unless the act is done in bad faith; and(3) The immunity described in this section does not extend to an individual that is a principal, a conspirator, or an accessory after the fact to a criminal offense involving the financial exploitation of a vulnerable adult. - Financial exploitation: means :