Terms Used In Utah Code > Title 75A > Chapter 6 - Uniform Fiduciary Access to Digital Assets Act

• Account: means an arrangement under a terms of service agreement in which a custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user. See Utah Code 75A-6-102
• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Agent: means an attorney in fact granted authority under a durable or nondurable power of attorney. See Utah Code 75A-6-102
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• 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.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• 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
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Benefits: means the money payments payable to an individual as provided in this chapter with respect to the individual's unemployment. See Utah Code 35A-4-201
• Carries: means engages in the transmission of an electronic communication. See Utah Code 75A-6-102
• Catalogue of electronic communications: means information that identifies each person with which a user has had an electronic communication, the time and date of the communication, and the electronic address of the person. See Utah Code 75A-6-102
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
• Conservator: includes a limited conservator. See Utah Code 75A-6-102
• Content of an electronic communication: means information concerning the substance or meaning of the communication that:
       (6)(a) has been sent or received by a user;
       (6)(b) is in electronic storage by a custodian providing an electronic communication service to the public or is carried or maintained by a custodian providing a remote computing service to the public; and
       (6)(c) is not readily accessible to the public. See Utah Code 75A-6-102
• Contract: A legal written agreement that becomes binding when signed.
• Contribution: means the money payments required by this chapter to be made into the Unemployment Compensation Fund by any employing unit on account of having individuals in its employ. See Utah Code 35A-4-201
• 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.
• Court: means a court with jurisdiction under Title 78A, Judiciary and Judicial Administration. See Utah Code 75A-6-102
• Custodian: means a person that carries, maintains, processes, receives, or stores a digital asset of a user. See Utah Code 75A-6-102
• Date of hire: means the date a person who is homeless first performs labor or services for compensation for an employer. See Utah Code 35A-5-302
• Decedent: A deceased person.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Department of Workforce Services created in Section 35A-1-103. See Utah Code 35A-1-102
• Designated recipient: means a person chosen by a user using an online tool to administer digital assets of the user. See Utah Code 75A-6-102
• Digital asset: means an electronic record in which an individual has a right or interest. See Utah Code 75A-6-102
• Division: means the Unemployment Insurance Division. See Utah Code 35A-4-201
• Docket: A log containing brief entries of court proceedings.
• Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Utah Code 75A-6-102
• Electronic communication service: means a custodian that provides to a user the ability to send or receive an electronic communication. See Utah Code 75A-6-102
• employer: means :
       (1)(a) an individual or employing unit which employs one or more individuals for some portion of a day during a calendar year, or that, as a condition for approval of this chapter for full tax credit against the tax imposed by the Federal Unemployment Tax Act, is required, under the act, to be an employer;
       (1)(b) an employing unit that, having become an employer under Subsection (1)(a), has not, under Sections 35A-4-303 and 35A-4-310, ceased to be an employer subject to this chapter; or
       (1)(c) for the effective period of its election under Subsection 35A-4-310(3), an employing unit that has elected to become fully subject to this chapter. See Utah Code 35A-4-203
• Employing unit: means :
            (1)(a)(i) any individual or type of organization that has or subsequent to January 1, 1935, had one or more individuals performing services for it within the state including any:

                 (1)(a)(i)(A) partnership;

                 (1)(a)(i)(B) association;

                 (1)(a)(i)(C) trust;

                 (1)(a)(i)(D) estate;

                 (1)(a)(i)(E) joint stock company;

                 (1)(a)(i)(F) insurance company;

                 (1)(a)(i)(G) limited liability company;

                 (1)(a)(i)(H) limited liability partnership;

                 (1)(a)(i)(I) joint venture;

                 (1)(a)(i)(J) corporation, whether domestic or foreign;

                 (1)(a)(i)(K) the receiver, trustee in bankruptcy, trustee or successor of any entity listed in Subsections (1)(a)(i)(A) through (J);

                 (1)(a)(i)(L) the legal representative of a deceased person; or

                 (1)(a)(i)(M) a tribal unit; or
            (1)(a)(ii) any properly and legally registered professional employer organization as defined by Section 31A-40-102. See Utah Code 35A-4-202
• Estate: means the same as that term is defined in Section 75-1-201. See Utah Code 75A-6-102
• 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 director: means the executive director of the department appointed under Section 35A-1-201. See Utah Code 35A-1-102
• Executor: A male person named in a will to carry out the decedent
• Executor: includes "administrator" when the subject matter justifies the use. See Utah Code 68-3-12.5
• Fiduciary: means an original, additional, or successor personal representative, conservator, guardian, agent, or trustee. See Utah Code 75A-6-102
• Fiduciary: A trustee, executor, or administrator.
• 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.
• Fraud: Intentional deception resulting in injury to another.
• Fund: means the Unemployment Compensation Fund established by this chapter. See Utah Code 35A-4-201
• Governmental entity: is a s defined in Section 59-2-511. See Utah Code 35A-5-302
• Guardian: includes a limited guardian. See Utah Code 75A-6-102
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Information: means data, text, images, videos, sounds, codes, computer programs, software, databases, or the like. See Utah Code 75A-6-102
• 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.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Online tool: means an electronic service provided by a custodian that allows the user, in an agreement distinct from the terms of service agreement between the custodian and user, to provide directions for disclosure or nondisclosure of digital assets to a third person. See Utah Code 75A-6-102
• Person: means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, instrumentality, or other legal entity. See Utah Code 75A-6-102
• Person: means :
       (24)(a) an individual;
       (24)(b) an association;
       (24)(c) an institution;
       (24)(d) a corporation;
       (24)(e) a company;
       (24)(f) a trust;
       (24)(g) a limited liability company;
       (24)(h) a partnership;
       (24)(i) a political subdivision;
       (24)(j) a government office, department, division, bureau, or other body of government; and
       (24)(k) any other organization or entity. See Utah Code 68-3-12.5
• Person who is homeless: means an individual whose primary nighttime residence is:
       (4)(a) a public or private place not designated for or ordinarily used as a regular sleeping accommodation for an individual, including a car, park, abandoned building, bus station, train station, airport, or camping ground; or
       (4)(b) a publicly or privately operated shelter designated to provide temporary living arrangements, including a permanent housing, permanent supportive, or transitional facility. See Utah Code 35A-5-302
• Personal representative: means an executor, administrator, special administrator as defined in Section 75-1-201, or person that performs substantially the same function under the law of this state other than this chapter. See Utah Code 75A-6-102
• Power of attorney: means a record that grants an agent authority to act in the place of a principal. See Utah Code 75A-6-102
• 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}
• Principal: means an individual who grants authority to an agent in a power of attorney. See Utah Code 75A-6-102
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Protected person: includes an individual for whom an application for the appointment of a conservator or guardian is pending. See Utah Code 75A-6-102
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Utah Code 75A-6-102
• Remote computing service: means a custodian that provides to a user computer processing services or the storage of digital assets by means of an electronic communications system, as defined in Utah Code 75A-6-102
• State: includes the Commonwealth of Puerto Rico, the Virgin Islands, and the District of Columbia. See Utah Code 35A-4-201
• State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
• Subpoena: A command to a witness to appear and give testimony.
• Terms of service agreement: means an agreement that controls the relationship between a user and a custodian. See Utah Code 75A-6-102
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Trust: means the same as that term is defined in Section 75-1-201. See Utah Code 75A-6-102
• Trustee: A person or institution holding and administering property in trust.
• Trustee: includes a successor trustee. See Utah Code 75A-6-102
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• User: means a person that has an account with a custodian. See Utah Code 75A-6-102
• Wage requirement: means that an employer pays a person who is homeless $4,000 or more in wages during a time period that:
       (5)(a) begins on the date of hire; and
       (5)(b) ends no later than two calendar quarters after the calendar quarter in which the date of hire occurs. See Utah Code 35A-5-302
• 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