Utah Code > Title 11 > Chapter 14 – Local Government Bonding Act

		Sections
Part 1	General Provisions	11-14-101 – 11-14-103
Part 2	Bond Elections	11-14-201 – 11-14-208
Part 3	Issuance of Bonds	11-14-301 – 11-14-318
Part 4	Miscellaneous Provisions	11-14-401 – 11-14-406
Part 5	Government Security Interests	11-14-501

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Terms Used In Utah Code > Title 11 > Chapter 14 - Local Government Bonding Act

Administrator: means the same as that term is defined in Subsection (187). See Utah Code 31A-1-301
Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
Adult: means an individual who is 18 years old or older. See Utah Code 31A-1-301
Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
Amortization: Paying off a loan by regular installments.
Annual percentage rate: The cost of credit at a yearly rate. It is calculated in a standard way, taking the average compound interest rate over the term of the loan so borrowers can compare loans. Lenders are required by law to disclose a card account's APR. ^{Source: FDIC}
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Application: means a document:
     (10)(a)
          (10)(a)(i) completed by an applicant to provide information about the risk to be insured; and
          (10)(a)(ii) that contains information that is used by the insurer to evaluate risk and decide whether to:
               (10)(a)(ii)(A) insure the risk under:
                    (10)(a)(ii)(A)(I) the coverage as originally offered; or
                    (10)(a)(ii)(A)(II) a modification of the coverage as originally offered; or
               (10)(a)(ii)(B) decline to insure the risk; or
     (10)(b) used by the insurer to gather information from the applicant before issuance of an annuity contract. See Utah Code 31A-1-301
Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
Arrest: Taking physical custody of a person by lawful authority.
articles of incorporation: means :
     (11)(a) the original articles;
     (11)(b) a special law;
     (11)(c) a charter;
     (11)(d) an amendment;
     (11)(e) restated articles;
     (11)(f) articles of merger or consolidation;
     (11)(g) a trust instrument;
     (11)(h) another constitutive document for a trust or other entity that is not a corporation; and
     (11)(i) an amendment to an item listed in Subsections (11)(a) through (h). See Utah Code 31A-1-301
Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
Breach of system security: means an unauthorized acquisition of computerized data maintained by a person that compromises the security, confidentiality, or integrity of personal information. See Utah Code 13-44-102
Business plan: means the information required to be supplied to the commissioner under Subsections 31A-5-204(2)(i) and (j), including the information required when these subsections apply by reference under:
(19)(a) Section 31A-8-205; or
(19)(b) Subsection 31A-9-205(2). See Utah Code 31A-1-301
Case law: The law as laid down in cases that have been decided in the decisions of the courts.
Certificate: means evidence of insurance given to:
(23)(a) an insured under a group insurance policy; or
(23)(b) a third party. See Utah Code 31A-1-301
City: means a municipality that is classified by population as a city of the first class, a city of the second class, a city of the third class, a city of the fourth class, or a city of the fifth class, under Section 10-2-301. See Utah Code 10-1-104
City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Community council area: means the cumulative areas within the geographic boundary of a community council that is formally recognized by a county of the first class pursuant to county ordinance. See Utah Code 10-2a-102
Community council municipality: means a municipality that results from the incorporation of unincorporated islands within a community council area. See Utah Code 10-2a-102
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Consumer: means a natural person. See Utah Code 13-44-102
Consumer: means an individual who is not a protected consumer. See Utah Code 13-45-102
Consumer reporting agency: means a person who, for fees, dues, or on a cooperative basis, regularly engages in whole or in part in the practice of assembling or evaluating information concerning a consumer's credit or other information for the purpose of furnishing a credit report to another person. See Utah Code 13-45-102
Contact sponsor: means the person designated in the feasibility request as the contact sponsor under Subsection 10-2a-202(3)(b). See Utah Code 10-2a-102
Contract: A legal written agreement that becomes binding when signed.
control share acquisition: means :
(1)(a)(i) the acquisition, directly or indirectly, by any person of ownership of issued and outstanding control shares; or
(1)(a)(ii) the acquisition of power to direct the exercise of voting power with respect to issued and outstanding control shares, including the acquisition of voting power pursuant to a revocable proxy except as provided in Subsection (1)(b). See Utah Code 61-6-3
control shares: means shares that except for this chapter would have voting power with respect to shares of an issuing public corporation that, when added to all other shares of the issuing public corporation owned by a person or in respect to which that person may exercise or direct the exercise of voting power, would entitle that person, immediately after acquisition of the shares (directly or indirectly, alone or as a part of a group), to exercise or direct the exercise of the voting power, including voting power pursuant to a revocable proxy, of the issuing public corporation in the election of directors within any of the following ranges of voting power:
     (1)(a) 1/5 or more but less than 1/3 of all voting power;
     (1)(b) 1/3 or more but less than a majority of all voting power; or
     (1)(c) a majority or more of all voting power. See Utah Code 61-6-2
Corporation: means an insurance corporation, except when referring to:
          (34)(a)(i) a corporation doing business:
               (34)(a)(i)(A) as:
                    (34)(a)(i)(A)(I) an insurance producer;
                    (34)(a)(i)(A)(II) a surplus lines producer;
                    (34)(a)(i)(A)(III) a limited line producer;
                    (34)(a)(i)(A)(IV) a consultant;
                    (34)(a)(i)(A)(V) a managing general agent;
                    (34)(a)(i)(A)(VI) a reinsurance intermediary;
                    (34)(a)(i)(A)(VII) a third party administrator; or
                    (34)(a)(i)(A)(VIII) an adjuster; and
               (34)(a)(i)(B) under:
                    (34)(a)(i)(B)(I) Chapter 23a, Insurance Marketing - Licensing Producers, Consultants, and Reinsurance Intermediaries;
                    (34)(a)(i)(B)(II) Chapter 25, Third Party Administrators; or
                    (34)(a)(i)(B)(III) Chapter 26, Insurance Adjusters; or
          (34)(a)(ii) a noninsurer that is part of a holding company system under Chapter 16, Insurance Holding Companies. See Utah Code 31A-1-301
County executive: means :
     (7)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;
     (7)(b) the county executive, in the county executive-council optional form of government authorized by Section 17-52a-203; or
     (7)(c) the county manager, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
County legislative body: means :
     (8)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;
     (8)(b) the county council, in the county executive-council optional form of government authorized by Section 17-52a-203; and
     (8)(c) the county council, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. ^{Source: OCC}
Credit report: means a consumer report, as defined in Utah Code 13-45-102
Credit Score: A number, roughly between 300 and 800, that measures an individual's credit worthiness. The most well-known type of credit score is the FICO score. This score represents the answer from a mathematical formula that assigns numerical values to various pieces of information in your credit report. ^{Source: OCC}
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Deed: The legal instrument used to transfer title in real property from one person to another.
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Department: means the Insurance Department. See Utah Code 31A-1-301
Dependent: A person dependent for support upon another.
depository institution: means a depository institution or a depository institution holding company as defined in Section 7-1-103. See Utah Code 61-6-5
Director: means a member of the board of directors of a corporation. See Utah Code 31A-1-301
Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
Enrollee: includes an insured. See Utah Code 31A-1-301
Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Executive: when used to describe the powers, duties, or functions of a person or body elected as the county executive or a person appointed as the county manager or administrative officer, refers to:
(2)(a) the power and duty to carry laws and ordinances into effect and secure their due observance; and
(2)(b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the executive branch of government. See Utah Code 17-50-101
Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
Feasibility consultant: means a person or firm with the qualifications and expertise described in Subsection 10-2a-205(2)(b). See Utah Code 10-2a-102
Feasibility request: means a request, described in Section 10-2a-202, for a feasibility study for the proposed incorporation of a municipality. See Utah Code 10-2a-102
Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. ^{Source: OCC}
Fee: means any periodic charge for use of a discount program. See Utah Code 31A-8a-102
File: is a s defined in Utah Code 13-45-102
Filed: means that a filing is:
          (69)(a)(i) submitted to the department as required by and in accordance with applicable statute, rule, or filing order;
          (69)(a)(ii) received by the department within the time period provided in applicable statute, rule, or filing order; and
          (69)(a)(iii) accompanied by the appropriate fee in accordance with:
               (69)(a)(iii)(A) Section 31A-3-103; or
               (69)(a)(iii)(B) rule. See Utah Code 31A-1-301
Filing: when used as a noun, means an item required to be filed with the department including:
     (70)(a) a policy;
     (70)(b) a rate;
     (70)(c) a form;
     (70)(d) a document;
     (70)(e) a plan;
     (70)(f) a manual;
     (70)(g) an application;
     (70)(h) a report;
     (70)(i) a certificate;
     (70)(j) an endorsement;
     (70)(k) an actuarial certification;
     (70)(l) a licensee annual statement;
     (70)(m) a licensee renewal application;
     (70)(n) an advertisement;
     (70)(o) a binder; or
     (70)(p) an outline of coverage. See Utah Code 31A-1-301
Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. ^{Source: OCC}
Financial institution: means the same as that term is defined in Utah Code 13-44-102
Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
Form: means one of the following prepared for general use:
          (74)(a)(i) a policy;
          (74)(a)(ii) a certificate;
          (74)(a)(iii) an application;
          (74)(a)(iv) an outline of coverage; or
          (74)(a)(v) an endorsement. See Utah Code 31A-1-301
Fraud: Intentional deception resulting in injury to another.
Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
Health care: means any of the following intended for use in the diagnosis, treatment, mitigation, or prevention of a human ailment or impairment:
     (83)(a) a professional service;
     (83)(b) a personal service;
     (83)(c) a facility;
     (83)(d) equipment;
     (83)(e) a device;
     (83)(f) supplies; or
     (83)(g) medicine. See Utah Code 31A-1-301
Health care provider: means a health care provider as defined in Section 78B-3-403, with the exception of "licensed athletic trainer" who:
(2)(a) is practicing within the scope of the provider's license; and
(2)(b) has agreed either directly or indirectly, by contract or any other arrangement with a health discount program operator, to provide a discount to enrollees of a health discount program. See Utah Code 31A-8a-102
Health discount program: means a business arrangement or contract in which a person pays fees, dues, charges, or other consideration in exchange for a program that provides access to health care providers who agree to provide a discount for health care services. See Utah Code 31A-8a-102
Health discount program marketer: means a person, including a private label entity, that markets, promotes, sells, or distributes a health discount program but does not operate a health discount program. See Utah Code 31A-8a-102
Health discount program operator: means a person that provides a health discount program by entering into a contract or agreement, directly or indirectly, with a person or persons in this state who agree to provide discounts for health care services to enrollees of the health discount program and determines the charge to members. See Utah Code 31A-8a-102
health insurance: means insurance providing:
(84)(a)(i) a health care benefit; or
(84)(a)(ii) payment of an incurred health care expense. See Utah Code 31A-1-301
Highway: includes :
     (15)(a) a public bridge;
     (15)(b) a county way;
     (15)(c) a county road;
     (15)(d) a common road; and
     (15)(e) a state road. See Utah Code 68-3-12.5
Incapacitated person: means an individual who is incapacitated, as defined in Section 75-1-201. See Utah Code 13-45-102
Indemnity: means the payment of an amount to offset all or part of an insured loss. See Utah Code 31A-1-301
Individual: means a natural person. See Utah Code 31A-1-301
insolvent: means that:
     (95)(a) an insurer is unable to pay the insurer's obligations as the obligations are due;
     (95)(b) an insurer's total adjusted capital is less than the insurer's mandatory control level RBC under Subsection 31A-17-601(8)(c); or
     (95)(c) an insurer's admitted assets are less than the insurer's liabilities. See Utah Code 31A-1-301
Insurance: includes :
          (96)(b)(i) a risk distributing arrangement providing for compensation or replacement for damages or loss through the provision of a service or a benefit in kind;
          (96)(b)(ii) a contract of guaranty or suretyship entered into by the guarantor or surety as a business and not as merely incidental to a business transaction; and
          (96)(b)(iii) a plan in which the risk does not rest upon the person who makes an arrangement, but with a class of persons who have agreed to share the risk. See Utah Code 31A-1-301
Insured: means a person to whom or for whose benefit an insurer makes a promise in an insurance policy and includes:
          (103)(a)(i) a policyholder;
          (103)(a)(ii) a subscriber;
          (103)(a)(iii) a member; and
          (103)(a)(iv) a beneficiary. See Utah Code 31A-1-301
Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
interested shares: means the shares of an issuing public corporation in respect of which any of the following persons may exercise or direct the exercise of the voting power of the corporation, on or after the applicable record date, in the election of directors:
     (1)(a) an acquiring person or member of a group with respect to a control share acquisition;
     (1)(b) any officer of the issuing public corporation; or
     (1)(c) any employee of the issuing public corporation who is also a director of the corporation. See Utah Code 61-6-4
issuing public corporation: means a corporation, other than a depository institution, that is organized under the laws of this state and that has:
     (1)(a) 100 or more shareholders;
     (1)(b) its principal place of business, its principal office, or substantial assets within the state; and
     (1)(c)
          (1)(c)(i) more than 10% of its shareholders resident in the state;
          (1)(c)(ii) more than 10% of its shares owned by Utah residents; or
          (1)(c)(iii) 10,000 shareholders resident in the state. See Utah Code 61-6-5
Land: includes :
     (18)(a) land;
     (18)(b) a tenement;
     (18)(c) a hereditament;
     (18)(d) a water right;
     (18)(e) a possessory right; and
     (18)(f) a claim. See Utah Code 68-3-12.5
Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to:
(3)(a) the power and duty to enact ordinances, levy taxes, and establish budgets; and
(3)(b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101
License: includes a certificate of authority issued to an insurer. See Utah Code 31A-1-301
Lien: A claim against real or personal property in satisfaction of a debt.
Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
Marketing: means making or causing to be made any communication that contains information that relates to a product or contract regulated under this chapter. See Utah Code 31A-8a-102
Member: means a person having membership rights in an insurance corporation. See Utah Code 31A-1-301
minimum required capital: means the capital that must be constantly maintained by a stock insurance corporation as required by statute. See Utah Code 31A-1-301
Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
Mortgage loan: A loan made by a lender to a borrower for the financing of real property. ^{Source: OCC}
Municipal: means of or relating to a municipality. See Utah Code 10-1-104
Municipal service: includes the physical facilities required to provide a service described in Subsection (1)(g)(i). See Utah Code 10-2a-102
Municipal services district: means a special district created under Title 17B, Chapter 2a, Part 11, Municipal Services District Act. See Utah Code 10-2a-102
Municipality: means :
     (5)(a) a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;
     (5)(b) a town, as classified in Section 10-2-301; or
     (5)(c) a preliminary municipality incorporated under Chapter 2a, Part 5, Incorporation of a Preliminary Municipality. See Utah Code 10-1-104
Normal business hours: means Sunday through Saturday, between the hours of 6:00 a. See Utah Code 13-45-102
Order: means an order of the commissioner. See Utah Code 31A-1-301
Participating: means a plan of insurance under which the insured is entitled to receive a dividend representing a share of the surplus of the insurer. See Utah Code 31A-1-301
Permanent surplus: means the surplus of an insurer or organization that is designated by the insurer or organization as permanent. See Utah Code 31A-1-301
Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-1-104
Person: includes :
     (146)(a) an individual;
     (146)(b) a partnership;
     (146)(c) a corporation;
     (146)(d) an incorporated or unincorporated association;
     (146)(e) a joint stock company;
     (146)(f) a trust;
     (146)(g) a limited liability company;
     (146)(h) a reciprocal;
     (146)(i) a syndicate; or
     (146)(j) another similar entity or combination of entities acting in concert. See Utah Code 31A-1-301
Personal information: means a person's first name or first initial and last name, combined with any one or more of the following data elements relating to that person when either the name or date element is unencrypted or not protected by another method that renders the data unreadable or unusable:
          (4)(a)(i) Social Security number;
          (4)(a)(ii)
               (4)(a)(ii)(A) financial account number, or credit or debit card number; and
               (4)(a)(ii)(B) any required security code, access code, or password that would permit access to the person's account; or
          (4)(a)(iii) driver license number or state identification card number. See Utah Code 13-44-102
personal information: includes any list, description, or other grouping of consumers, and publicly available information pertaining to the consumers, that is derived using any nonpublic personal information other than publicly available information. See Utah Code 13-45-102
Policy: includes a service contract issued by:
          (150)(b)(i) a motor club under Chapter 11, Motor Clubs;
          (150)(b)(ii) a service contract provided under Chapter 6a, Service Contracts; and
          (150)(b)(iii) a corporation licensed under:
               (150)(b)(iii)(A) Chapter 7, Nonprofit Health Service Insurance Corporations; or
               (150)(b)(iii)(B) Chapter 8, Health Maintenance Organizations and Limited Health Plans. See Utah Code 31A-1-301
Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
Premium: includes , however designated:
          (156)(b)(i) an assessment;
          (156)(b)(ii) a membership fee;
          (156)(b)(iii) a required contribution; or
          (156)(b)(iv) monetary consideration. See Utah Code 31A-1-301
Proceeding: includes an action or special statutory proceeding. See Utah Code 31A-1-301
Protected consumer: means an individual who, at the time a request for a security freeze is made, is:
     (10)(a) less than 16 years of age;
     (10)(b) an incapacitated person; or
     (10)(c) a protected person. See Utah Code 13-45-102
Protected person: means the same as that term is defined in Section 75-5b-102. See Utah Code 13-45-102
Rate: means :
          (163)(a)(i) the cost of a given unit of insurance; or
          (163)(a)(ii) for property or casualty insurance, that cost of insurance per exposure unit either expressed as:
               (163)(a)(ii)(A) a single number; or
               (163)(a)(ii)(B) a pure premium rate, adjusted before the application of individual risk variations based on loss or expense considerations to account for the treatment of:
                    (163)(a)(ii)(B)(I) expenses;
                    (163)(a)(ii)(B)(II) profit; and
                    (163)(a)(ii)(B)(III) individual insurer variation in loss experience. See Utah Code 31A-1-301
Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
real property: includes :
     (31)(a) land;
     (31)(b) a tenement;
     (31)(c) a hereditament;
     (31)(d) a water right;
     (31)(e) a possessory right; and
     (31)(f) a claim. See Utah Code 68-3-12.5
Record: includes materials maintained in any form, including paper and electronic. See Utah Code 13-44-102
Reinsurance: means an insurance transaction where an insurer, for consideration, transfers any portion of the risk it has assumed to another insurer. See Utah Code 31A-1-301
Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
Representative: means a person who provides to a consumer reporting agency sufficient proof of authority to act on behalf of a protected consumer. See Utah Code 13-45-102
Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
Road: includes :
     (33)(a) a public bridge;
     (33)(b) a county way;
     (33)(c) a county road;
     (33)(d) a common road; and
     (33)(e) a state road. See Utah Code 68-3-12.5
Security: means a:
          (176)(a)(i) note;
          (176)(a)(ii) stock;
          (176)(a)(iii) bond;
          (176)(a)(iv) debenture;
          (176)(a)(v) evidence of indebtedness;
          (176)(a)(vi) certificate of interest or participation in a profit-sharing agreement;
          (176)(a)(vii) collateral-trust certificate;
          (176)(a)(viii) preorganization certificate or subscription;
          (176)(a)(ix) transferable share;
          (176)(a)(x) investment contract;
          (176)(a)(xi) voting trust certificate;
          (176)(a)(xii) certificate of deposit for a security;
          (176)(a)(xiii) certificate of interest of participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease;
          (176)(a)(xiv) commodity contract or commodity option;
          (176)(a)(xv) certificate of interest or participation in, temporary or interim certificate for, receipt for, guarantee of, or warrant or right to subscribe to or purchase any of the items listed in Subsections (176)(a)(i) through (xiv); or
          (176)(a)(xvi) another interest or instrument commonly known as a security. See Utah Code 31A-1-301
Security freeze: means a prohibition, consistent with the provisions of this section, on a consumer reporting agency's furnishing of a consumer's credit report to a third party intending to use the credit report to determine the consumer's eligibility for credit. See Utah Code 13-45-201
Sell: means to exchange a contract of insurance:
     (179)(a) by any means;
     (179)(b) for money or its equivalent; and
     (179)(c) on behalf of an insurance company. See Utah Code 31A-1-301
Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:
     (34)(a) sex and reproductive organ anatomy;
     (34)(b) chromosomal makeup; and
     (34)(c) endogenous hormone profiles. See Utah Code 68-3-12.5
Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
Statute: A law passed by a legislature.
Subpoena: A command to a witness to appear and give testimony.
Sufficient proof of authority: includes :
          (14)(b)(i) a court order;
          (14)(b)(ii) a lawfully executed power of attorney; or
          (14)(b)(iii) a written, notarized statement signed by the person that expressly describes the person's authority to act on behalf of the protected consumer. See Utah Code 13-45-102
Surplus: means the excess of assets over the sum of paid-in capital and liabilities. See Utah Code 31A-1-301
taking: means a governmental action resulting in a taking of real property that requires compensation to the owner of the property under:
(1)(a) the Fifth or Fourteenth Amendment of the Constitution of the United States; or
(1)(b) Utah Constitution Article I, § 22. See Utah Code 13-43-102
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
Trustee: A person or institution holding and administering property in trust.
Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
Unincorporated: means not within a municipality. See Utah Code 10-1-104
Unique personal identifier: means a personal identification number, password, or other secure form of identity verification accepted by a consumer reporting agency and intended for use by a consumer to place, remove, or temporarily remove a security freeze in accordance with this chapter. See Utah Code 13-45-201
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
Venue: The geographical location in which a case is tried.
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