Title 31A, Title 31A: Insurance Code

31A-35-501. Emergency action regarding a license. (1) If the commissioner determines, based on an investigation, that the public health, safety, or welfare requires emergency action, the commissioner may order a summary suspension of a bail bond agency license pending proceedings…

31A-35-502. Notification of violation of chapter. If the commissioner has reason to believe a person licensed as a bail bond agency, surety insurer, or bail bond producer has violated this chapter, written notice shall be sent to that person, advising the person of: (1) the alleg…

31A-35-503. Disciplinary action -- Hearing -- Appeal. (1) Based on information the commissioner receives during a hearing described in Sectionregarding a person licensed as a bail bond agency or bail bond producer, the commissioner may: 31A-35-502 dismiss the complaint if the com…

31A-35-504. Failure to pay bail bond forfeiture -- Grounds for suspension and revocation of bail bond agency license. (1) As used in this section: "Agency" means a bail bond agency. "Judgment" means a judgment of bail bond forfeiture issued under Section. 77-20-505 (2) An agency …

31A-35-601. Acts of producer or agent. (1) The acts or conduct of any bail bond producer who acts within the scope of the authority delegated to the producer by the bail bond agency or surety insurer are considered to be the acts or conduct of the bail bond agency or surety insur…

31A-35-602. Place of business -- Records to be kept at place of business. (1) A bail bond agency shall have and maintain in this state a place of business: accessible to the public; and where the bail bond agency principally conducts transactions authorized by its bail bond agenc…

31A-35-603. Collateral security. (1) A bail bond producer may accept collateral security in connection with a bail transaction, if the collateral security is reasonable in relation to the face amount of the bail bond. (2) The collateral security described in Subsectionshall be re…

31A-35-604. Records. (1) A bail bond producer shall maintain at the bail bond producer's place of business: records of all bail bonds the bail bond producer executes or countersigns, so the public may obtain all necessary information concerning those bail bonds for not less than …

31A-35-605. Guarantors -- Agreement and enforcement. (1) All agreements of persons to act as guarantor for a bail bond shall be in writing or reduced to writing as soon as possible after completion. (2) When a person executes an agreement to act as a guarantor, the bail bond agen…

31A-35-606. Bail agreement prior to commission of offense prohibited. A bail bond agency or bail bond producer may not enter into an agreement or arrangement with any person, guaranteeing or assuring in advance of the commission of any offense that bail will be furnished to that …

31A-35-607. Filing of forms -- Commissioner maintains files. (1) In accordance with Section, a bail bond agency that meets the financial capacity requirements through the use of a letter of credit, personal property, real property, or a surety insurer shall file with the commissi…

31A-35-608. Premiums and authorized charges. (1) A bail bond agency or bail bond producer may not, in any bail transaction or in connection with that transaction, directly or indirectly, charge or collect money or other valuable consideration from any person except to: pay the pr…

31A-35-701. Prohibited acts. (1) A bail bond producer or bail bond agency may not: solicit business in or about: any place where persons in the custody of the state or any local law enforcement or correctional agency are confined; or any court; pay a fee or rebate or give or prom…

31A-35-702. Early surrender without cause. (1) The bail or bail bond premium shall be returned in full if a bail bond producer without good cause surrenders a defendant to custody before: the time specified in the undertaking of bail or the bail bond for the appearance of the def…

31A-35-703. Disciplinary action. (1) A person found to be in violation of the statutes or rules governing the conduct of bail bond producers and bail bond agencies under this chapter is subject to: disciplinary action by the commissioner against that person's: license, if the per…

31A-35-704. Submission of bail bond agencies and producers to jurisdiction of court. By applying for and receiving a license or certificate to engage in the bail bond insurance business in accordance with this chapter, a bail bond agency or bail bond producer: (1) submits to the …

31A-36-101. Title. This chapter is known as the "Life Settlements Act."

31A-36-102. Definitions. As used in this chapter: (1) "Advertising" means a communication placed before the public to: create an interest in a life settlement; or induce a person pursuant to a life settlement to sell, assign, devise, bequest, or transfer the death benefit or owne…

31A-36-103. Law governing. (1) If there is more than one owner on a single policy and the owners are residents of different states, the law of the state in which the owner having the largest percentage ownership resides governs the life settlement. If the owners own equal fractio…

31A-36-104. License requirements, revocation, and denial. (1) A person may not, without first obtaining a license from the commissioner, operate in or from this state as: a life settlement provider; or a life settlement producer. A life settlement is included within the scope of …

31A-36-105. Filing and use of forms for life settlement and disclosure. (1) A person may not use a form unless the form is filed with the commissioner under Subsection. 31A-21-201(1) (2) The commissioner may prohibit the use of a form submitted under Subsectionpursuant to Subsect…

31A-36-106. Reporting requirements and privacy. (1) Subject to Subsection, a life settlement provider shall file with the commissioner on or before March 1 of each year an annual report containing the information the commissioner prescribes under Section. (1)(b) 31A-36-119 Notwit…

31A-36-107. Examinations and retention of records. (1) The commissioner may conduct an examination of a life settlement provider or life settlement producer in accordance with Sections,,, and. 31A-2-203 31A-2-203.5 31A-2-204 31A-2-205 (2) A life settlement provider or life settle…

31A-36-108. Required disclosures. (1) With an application for a life settlement, a life settlement provider or life settlement producer shall furnish to the owner the disclosures the commissioner may require under Section, in a separate document signed by the owner and the life s…

31A-36-109. General requirements. (1) If a life settlement provider transfers ownership or changes the beneficiary of a settled policy, the life settlement provider shall inform the insured of the transfer or change within 20 calendar days. (2) A life settlement provider that ent…

31A-36-110. Payment and document requirements. (1) A life settlement provider shall instruct the owner to send the executed documents required to effect the change in ownership or assignment or change of beneficiary of the affected policy to a designated independent escrow agent.…

31A-36-111. Prohibited acts. (1) An owner may not enter into a life settlement at any time before the application or issuance of a policy. (2) An owner may not enter into a life settlement within two years after the date of issuance of the policy to which the life settlement rela…

31A-36-112. Advertising regulations. (1) A life settlement provider or life settlement producer shall establish and continuously maintain a system of control over the content, form, and method of dissemination of advertisements of the life settlement provider's or life settlement…

31A-36-113. Fraud. (1) As used in this section, "recklessly" means engaging in conduct: when a person knows or should have known of a substantial likelihood of the existence of the relevant facts or risks; and involving a significant deviation from acceptable standards of conduct…

31A-36-114. Reporting of fraud and immunity. (1) A person engaged in the business of life settlements that knows or reasonably suspects that a violation of Sectionis being, has been, or will be committed shall provide to the commissioner the information required by, and in a mann…

31A-36-115. Confidentiality. (1) The following shall be classified as protected records under: Title 63G, Chapter 2, Government Records Access and Management Act a document or information furnished pursuant to Section; and 31A-36-114 a document or information obtained by the comm…

31A-36-116. Other law enforcement or regulatory authority. This chapter does not: (1) preempt the authority or relieve the duty of other law enforcement or regulatory agencies to investigate, examine, and prosecute suspected violations of law; (2) prevent or prohibit a person fro…

31A-36-117. Antifraud initiatives. (1) The following shall establish and maintain antifraud initiatives which are reasonably calculated to prevent, detect, and assist in the prosecution of violations of Section: 31A-36-113 a life settlement provider; and an agency that is a life …

31A-36-118. Criminal penalties and restitution. (1) A person subject to this chapter is subject to: Sectionfor an administrative violation of this title; 31A-2-308 prosecution under, for criminal activity involving a life settlement; or Title 76, Chapter 6, Part 4, Theft prosecut…

31A-36-119. Authority to make rules. In accordance with, the commissioner may adopt rules to: (1) establish the requirements for the annual report required under Section; 31A-36-106 (2) establish standards for evaluating the reasonableness of payments under life settlements; (3) …

31A-37-101. Title. This chapter is known as the "Captive Insurance Companies Act."

31A-37-102. Definitions. As used in this chapter: (1) "Affiliated company" means a business entity that because of common ownership, control, operation, or management is in the same corporate or limited liability company system as: a parent; an industrial insured; or a member org…

31A-37-103. Chapter exclusivity. (1) Except as provided in Subsectionsandor otherwise provided in this chapter, a provision of this title other than this chapter does not apply to a captive insurance company. (2) (3) (2) To the extent that a provision of the following does not co…

31A-37-104. Applicability of reorganization, receivership, and injunction authority. (1) Except as provided in, and Subsection,, applies to a captive insurance company formed or holding a certificate of authority under this chapter. Chapter 37a, Special Purpose Financial Captive …

31A-37-105. Operation of a branch captive insurance company. Except as otherwise provided in this chapter, a branch captive insurance company shall be a pure captive insurance company with respect to operations in this state, unless otherwise permitted by the commissioner under S…

31A-37-106. Authority to make rules -- Authority to issue orders. (1) In accordance with, the commissioner may adopt rules to: Title 63G, Chapter 3, Utah Administrative Rulemaking Act determine circumstances under which a branch captive insurance company is not required to be a p…

31A-37-201. Certificate of authority. (1) The commissioner may issue a certificate of authority to act as an insurer in this state to a captive insurance company that meets the requirements of this chapter. (2) To conduct insurance business in this state, a captive insurance comp…

31A-37-202. Permissive areas of insurance. (1) Except as provided in Subsections (2) and (3), a captive insurance company may not directly insure a risk other than the risk of the captive insurance company's parent or affiliated company. (2) In addition to the risks described in …

31A-37-203. Deceptive name prohibited. (1) A captive insurance company may not adopt a name that is: the same as any other existing business name registered in this state; deceptively similar to any other existing business name registered in this state; or likely to be: confused …

31A-37-204. Paid-in capital -- Other capital. (1) For purposes of this section, "marketable securities" means: a bond or other evidence of indebtedness of a governmental unit in the United States or Canada or any instrumentality of the United States or Canada; or securities: trad…

31A-37-301. Formation. (1) A captive insurance company, other than a branch captive insurance company, may form as a corporation, a limited liability company, or a not-for-profit organization. (2) The capital of a captive insurance company shall be held by: the interest holders o…