reglab/housing_qa huggingface dataset:
UT Code § 7-22-103 (2021)
2021 Utah Code|Title 7 - Financial Institutions Act|Chapter 22 - Regulation of Independent Escrow Agents|Section 103 - Registration -- Fees -- Qualifications -- Rulemaking.

 Effective 5/12/2015  7-22-103. Registration -- Fees -- Qualifications -- Rulemaking.    (1)   (a) An escrow agent shall register with the department annually on or before December 31 of each year and pay a registration fee of $100.     (b) Registration of an escrow agent in accordance with this section includes all directors, officers, employees, and representatives of the escrow agent while acting in the course of the escrow agent's business.       (2) To register under this chapter an escrow agent shall provide the department:   (a) evidence satisfactory to the commissioner that the person is registered with the nationwide database;     (b) a financial statement; and     (c) any other information requested by the department.       (3) The commissioner may by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, provide for the transition of persons registering with the nationwide database.    Amended by Chapter 284, 2015 General Session
UT Code § 7-22-104 (2021)
2021 Utah Code|Title 7 - Financial Institutions Act|Chapter 22 - Regulation of Independent Escrow Agents|Section 104 - Net worth requirements.

7-22-104. Net worth requirements.  An escrow agent shall at all times maintain a positive net worth no less than the greater of $50,000 or 10% of the agent's average daily escrow liabilities during the preceding 12 months, or during all preceding operations if less than 12 months. For purposes of this section, net worth shall be calculated in accordance with generally accepted accounting principles.  Enacted by Chapter 133, 1991 General Session
UT Code § 7-22-105 (2021)
2021 Utah Code|Title 7 - Financial Institutions Act|Chapter 22 - Regulation of Independent Escrow Agents|Section 105 - Bond required.

7-22-105. Bond required.    (1) Before furnishing any escrow services, each escrow agent shall file with the commissioner a surety bond in accordance with the following schedule:     Monthly AverageMinimum   Escrow LiabilitySurety Bond   Up to $10,000$10,000   $10,001 to 20,000$20,000   $20,001 to 30,000$30,000   $30,001 to 40,000$40,000   Above $40,000$50,000       (2) The surety bond shall name as beneficiaries:   (a) this state for payment of any costs incurred and charges made in connection with any escrow agent's insolvency or default, including costs and charges relating to an examination and receivership of any escrow agent; and     (b) when all claims and charges of the state have been paid in full, any person who has a claim against the surety on the bond based on any default or violation of any duty or obligation of the escrow agent.       (3) The total aggregate liability on the bond from all claims including legal fees and other costs incurred in connection with the bond may not exceed the amount of the bond.     (4) An applicant for registration as an escrow agent may, in lieu of and subject to the same surety conditions described in Subsection (2), deposit assets with or provide a letter of credit to the commissioner in the amount of the minimum surety bond required in Subsection (1).    Amended by Chapter 182, 1996 General Session
UT Code § 7-22-106 (2021)
2021 Utah Code|Title 7 - Financial Institutions Act|Chapter 22 - Regulation of Independent Escrow Agents|Section 106 - Accounts to be maintained -- Records open to inspection -- Retention of records.

7-22-106. Accounts to be maintained -- Records open to inspection -- Retention of records.    (1) Each escrow agent shall maintain in its main office sufficient books, accounts, and records for the department to determine at any time the escrow agent's financial condition, what duties and responsibilities the escrow agent has undertaken to perform and whether it is properly performing all such duties, and any other information considered necessary to determine whether the escrow agent is operating in a safe, competent, and lawful manner. The books, accounts, and records shall be maintained in accordance with generally accepted accounting principles and good business practice.     (2) For each individual escrow account, the escrow agent shall maintain the escrow agreement and all amendments, all instructions affecting the agreement, all related correspondence, and an individual ledger reflecting all activity pertinent to that account.     (3) Each escrow agent shall continuously maintain the following general accounts:   (a) a general ledger reflecting assets, liabilities, income, expense, and equity accounts;     (b) an escrow liability control ledger for all escrow accounts;     (c) a cash receipts and disbursements journal; and     (d) copies of all receipts and disbursements used as a medium of posting to individual escrow accounts.       (4) The records referred to in this section shall be reconciled at least monthly.     (5) All records pertaining to individual escrow accounts in Subsection (2) shall be maintained by the escrow agent for six years following the close of each account. All records relating to general accounts required in Subsection (3) shall be maintained for six years after the end of the fiscal year to which they relate.    Enacted by Chapter 133, 1991 General Session
UT Code § 7-22-107 (2021)
2021 Utah Code|Title 7 - Financial Institutions Act|Chapter 22 - Regulation of Independent Escrow Agents|Section 107 - Examinations.

7-22-107. Examinations.  The department may examine an escrow agent at any time. The scope and frequency of examinations shall be determined solely in the discretion of the department. In addition to annual registration fees, each escrow agent shall pay per diem assessments incident to an examination in accordance with Section 7-1-401.  Enacted by Chapter 133, 1991 General Session
UT Code § 7-22-108 (2021)
2021 Utah Code|Title 7 - Financial Institutions Act|Chapter 22 - Regulation of Independent Escrow Agents|Section 108 - Segregation of accounts -- Duties specified by agreement -- Duties generally.

7-22-108. Segregation of accounts -- Duties specified by agreement -- Duties generally.    (1) Each escrow agent shall place all funds received in escrow into separate federally insured depository accounts specifically denominated as trust accounts and shall allow no other funds to be placed into a trust account for any purpose. Funds may be paid from trust accounts only in accordance with the terms and conditions of the escrow agreement. An agent may maintain a general trust account and individual accounts for specific escrows in the agent's discretion, subject to any specific terms and conditions of an escrow agreement. Earnings on funds held in an escrow trust account may be periodically dispersed to the escrow agent if the escrow contract specifically provides for such disbursements. Otherwise, earnings on funds held in escrow may be paid out of the escrow account to any other party in accordance with the provisions of the escrow agreement if the agreement does not otherwise provide for payment of the earnings or any portion of the earnings on the escrow funds.     (2) All other assets or property received by an escrow agent in accordance with an escrow agreement shall be maintained in a manner which will reasonably preserve and protect the property from loss, theft, or damage, and which will otherwise comply with all duties and responsibilities of a fiduciary or bailee generally.    Enacted by Chapter 133, 1991 General Session
UT Code § 7-22-109 (2021)
2021 Utah Code|Title 7 - Financial Institutions Act|Chapter 22 - Regulation of Independent Escrow Agents|Section 109 - Priority of claims in case of insolvency.

7-22-109. Priority of claims in case of insolvency.  If the commissioner takes possession of the business and property of the escrow agent in accordance with Title 7, Chapter 2, Possession of Depository Institution by Commissioner, or if the escrow agent files or is involuntarily placed into bankruptcy, or if a receiver, conservator, or liquidator is appointed to administer the affairs of the escrow agent, the claims of persons for losses relating to funds or property held in escrow shall have the same priority as claims of depositors in Section 7-2-15.  Enacted by Chapter 133, 1991 General Session
UT Code § 8-2-1 (2021)
2021 Utah Code|Title 8 - Cemeteries|Chapter 2 - Donations for Care|Section 1 - State treasurer to receive donations.

8-2-1. State treasurer to receive donations.  Money which has been or shall be declared by an instrument in writing to be intended for the perpetual care, maintenance, improvement, or embellishment of any cemetery, or of any lots therein, to an amount not less than $50, may be deposited with the state treasurer, who shall, in the name of the state, receive and receipt for it. The depositors shall at the time of making such deposit file with the treasurer and with the Division of Corporations and Commercial Code a copy of the instrument which declares the purpose for which the money so deposited is intended to be applied. If the cemetery is held in private ownership, the deposit shall be accompanied by a written agreement on the part of the person, association, or corporation operating the same that the income derived from the sum so deposited will be applied to the purposes designated by the depositor as set forth in the instrument filed with such deposit.  Amended by Chapter 66, 1984 General Session
UT Code § 8-2-2 (2021)
2021 Utah Code|Title 8 - Cemeteries|Chapter 2 - Donations for Care|Section 2 - Investment of funds by Division of Finance.

8-2-2. Investment of funds by Division of Finance.  The Division of Finance shall with the approval of the governor invest the money which may be deposited with the state treasurer under the provisions of the preceding section in the name of the state, in bonds or other obligations of the state or of the United States, or in securities in which the division is authorized to invest money in behalf of the state, and semiannually in each year it shall cause to be paid the accrued interest thereof to such person, association or corporation for the care, maintenance or improvement of any cemetery or cemetery lot where the money has been deposited for that purpose. If such cemetery is not held in private ownership, such interest shall be paid to the city or town in which the cemetery is located. At the time of paying such interest the treasurer shall inform the person, city, or town to whom it is paid of the purpose to which it is to be applied as stated in the copy of the instrument which is filed with him, and the person, city, or town to whom it is paid shall apply it to such purpose.  Amended by Chapter 30, 1992 General Session
UT Code § 8-3-1 (2021)
2021 Utah Code|Title 8 - Cemeteries|Chapter 3 - Recording Plats and Conveyances|Section 1 - Plats of cemeteries shall be recorded.

 Effective 5/13/2014  8-3-1. Plats of cemeteries shall be recorded.    (1) An executive officer of an organization in control of a cemetery, including a municipality or a cemetery maintenance district, or an individual owner in control of a cemetery, offering burial lots for sale in any county, shall file and cause to be recorded in the office of the county recorder of the county within which the respective cemetery is situated an accurate plat of the cemetery.     (2) The plat required under Subsection (1) shall clearly show:   (a) the sections of burial lots which have been disposed of and the names of the persons owning or holding each burial lot; and     (b) the sections of burial lots held for disposal.       (3) An executive officer or owner shall file additional plats of any addition to a cemetery before offering for sale any burial lots located in the cemetery.     (4) A county recorder may not collect any fee for filing and recording an original plat required under this section.    Amended by Chapter 194, 2014 General Session
UT Code § 8-3-2 (2021)
2021 Utah Code|Title 8 - Cemeteries|Chapter 3 - Recording Plats and Conveyances|Section 2 - Burial rights -- Certificates.

 Effective 5/13/2014  8-3-2. Burial rights -- Certificates.  An executive officer of an organization in control of a cemetery, including a municipality or a cemetery maintenance district, or an individual owner in control of a cemetery, shall provide each purchaser of a lot or burial right located in the cemetery with a certificate of burial rights, properly executed. Amended by Chapter 194, 2014 General Session
UT Code § 8-3-3 (2021)
2021 Utah Code|Title 8 - Cemeteries|Chapter 3 - Recording Plats and Conveyances|Section 3 - Transcripts to be filed for record.

 Effective 5/13/2014  8-3-3. Transcripts to be filed for record.    (1) No later than January 1 and July 1 of each year, the executive officer of an organization in control of a cemetery, including a municipality or cemetery maintenance district, or an individual owner in control of a cemetery with burial lots for sale, shall file with the county recorder of the county within which the cemetery is situated a transcript, duly certified by the executive officer or individual owner, of a deed, certificate of sale, or evidence of burial rights issued by the executive officer, individual owner, or the officer's or owner's designee during the preceding six months.     (2) The county recorder shall file the transcript described in Subsection (1) without charge.    Amended by Chapter 194, 2014 General Session
UT Code § 8-4-1 (2021)
2021 Utah Code|Title 8 - Cemeteries|Chapter 4 - Endowment Care Cemeteries|Section 1 - Entities subject to chapter -- Definitions.

8-4-1. Entities subject to chapter -- Definitions.    (1) An endowment care cemetery in this state, except those owned and operated by churches, religious or established fraternal societies, or incorporated cities, towns, or other political subdivisions of the state, shall comply with the requirements of this chapter.     (2) As used in this chapter "endowment care cemetery" means a cemetery or mausoleum for crypt or vault interments, columbarium for permanent cinerary interments, or any other place providing lots or other interment space for the remains of human bodies that:   (a) represents to the public that it will care for, maintain, and embellish its property to preserve it from becoming unkempt and a place of reproach and desolation in the community in which it is located; and     (b) collects funds for the purpose stated in Subsection (2)(a).      Amended by Chapter 3, 1996 General Session
UT Code § 8-4-3 (2021)
2021 Utah Code|Title 8 - Cemeteries|Chapter 4 - Endowment Care Cemeteries|Section 3 - Withdrawals from endowment fund.

8-4-3. Withdrawals from endowment fund.  When the endowment care fund balance reaches $100,000, the cemetery authority may withdraw the initial deposit of $25,000 at the rate of $1,000 for each additional $3,000 added to the fund.  Amended by Chapter 167, 2000 General Session
UT Code § 8-4-4 (2021)
2021 Utah Code|Title 8 - Cemeteries|Chapter 4 - Endowment Care Cemeteries|Section 4 - Insufficiency in endowment fund.

8-4-4. Insufficiency in endowment fund.    (1) An endowment care cemetery that maintains a trust fund that is not funded at least in the amount required by this chapter or any state or federal law applicable to the fund at the time of underfunding shall immediately deposit additional money to the endowment care trust fund in an amount to bring the fund into compliance with applicable law.     (2)   (a) If the trustee of an endowment care trust fund determines that an insufficiency in the endowment care trust fund exists, the trustee shall provide written notice to the endowment care cemetery.     (b) If after 60 days of the notice to the endowment care cemetery, the endowment care cemetery has not deposited sufficient money into the fund, the trustee shall file, as a lien upon the property of the endowment care cemetery, a claim in behalf of the endowment care trust fund in the amount of the insufficiency.      Amended by Chapter 3, 1996 General Session
UT Code § 8-5-1 (2021)
2021 Utah Code|Title 8 - Cemeteries|Chapter 5 - Rights and Title to Cemetery Lots|Section 1 - Unused or unkept lots -- Notice procedures.

8-5-1. Unused or unkept lots -- Notice procedures.    (1) If a municipality or cemetery maintenance district owns a cemetery and has conveyed cemetery lots or parcels by deed with or without restrictions, and the grantee, or persons claiming through the grantee, for more than 60 years:   (a) have not used portions of the lots or parcels for purposes of burial and have not provided for the care of the lots or parcels beyond that uniformly provided for all lots of the cemetery, and during the 60-year period have not given the municipality or cemetery maintenance district written notice of any claim or interest in the lots or parcels; or     (b) have not used a portion of the lots or parcels for purposes of burial and have not kept the lots or parcels free of weeds or brush, but have allowed it to remain entirely unimproved for more than 20 years, and the lots or parcels are located in the portion of the cemetery where they adjoin or are adjacent to improved parts of the cemetery and by reason of their unimproved condition detract from the appearance of the cemetery, interfere with its harmonious improvements, and furnish a place for the growth of weeds and brush, then the municipality or cemetery maintenance district shall demand of the grantee or persons claiming through the grantee either of the following:   (i) that they file with the municipality or cemetery maintenance district a written notice of claim or interest in and to the lots or parcels recorded by evidence of their claim of ownership within 50 days after the service of a copy of the notice of demand; or     (ii) that they keep the premises clear of weeds and in a condition of harmony with other adjoining lots.         (2) The municipality or cemetery maintenance district shall serve a copy of the demand or notice required by Subsection (1) on the grantee or persons claiming through the grantee in accordance with the Utah Rules of Civil Procedure.    Amended by Chapter 123, 2002 General Session
UT Code § 8-5-2 (2021)
2021 Utah Code|Title 8 - Cemeteries|Chapter 5 - Rights and Title to Cemetery Lots|Section 2 - Action in district court for title to lots.

8-5-2. Action in district court for title to lots.  If either the grantee, or person claiming through the grantee, fails to comply with the demand or notice, the municipality or cemetery maintenance district may bring an action in the district court of the county in which the cemetery is located against all parties who have not responded to the notice for the purpose of terminating the rights of the parties in the lots or parcels and restoring the lots or parcels to the municipality or cemetery maintenance district free of any right, title, or interest of the grantee, persons claiming through the grantee, their heirs, or assigns. Any action to reclaim title to grave sites, parcels, or lots shall be brought and determined in the same manner as actions concerning other real property. The portion of any grave site, lot, or parcel in which a body is buried may not be included in any action to revest title to the lot, site, or parcel in the municipality or cemetery maintenance district, and the grave site in which a body is interred shall remain undisturbed together with any adjoining property so as to allow the proper approach to the grave site.  Amended by Chapter 123, 2002 General Session
UT Code § 8-5-3 (2021)
2021 Utah Code|Title 8 - Cemeteries|Chapter 5 - Rights and Title to Cemetery Lots|Section 3 - Abandonment -- Standards -- Prima facie evidence.

8-5-3. Abandonment -- Standards -- Prima facie evidence.  The fact that the grantee or holder of a lot or parcel in a cemetery has not used portions of the lots or parcels for the purpose of burial for more than 60 years shall be prima facie evidence that the grantee or holder had abandoned the lots or parcels if during that time the grantee or holder:  (1) has not provided the care to the lots or parcels provided uniformly to all lots or parcels within the cemetery;     (2) has not given to the municipality or cemetery maintenance district a written notice of claim or interest in the lots or parcels; or     (3) has not kept the lots or parcels free of weeds or brush.    Amended by Chapter 123, 2002 General Session
UT Code § 8-5-4 (2021)
2021 Utah Code|Title 8 - Cemeteries|Chapter 5 - Rights and Title to Cemetery Lots|Section 4 - Copy of judgment to be filed with county recorder.

8-5-4. Copy of judgment to be filed with county recorder.  A certified copy of the judgment in the action to revest title to cemetery lots, sites, or parcels shall be filed with the county recorder in the county in which the lots, sites, or parcels are located.  Enacted by Chapter 132, 1985 General Session
UT Code § 8-5-5 (2021)
2021 Utah Code|Title 8 - Cemeteries|Chapter 5 - Rights and Title to Cemetery Lots|Section 5 - Proceeds of resale of lots.

8-5-5. Proceeds of resale of lots.  The proceeds from the subsequent resale of any lot or parcel, title to which has been revested in the municipality or cemetery maintenance district under Section 8-5-2 or 8-5-6, less the costs and expenses incurred in the proceeding, shall become part of the permanent care and improvement fund of the municipality or cemetery maintenance district, subject to subsequent disposition under Title 10, Chapter 5, Uniform Fiscal Procedures Act for Utah Towns, Title 10, Chapter 6, Uniform Fiscal Procedures Act for Utah Cities, or Title 17B, Chapter 1, Part 6, Fiscal Procedures for Local Districts.  Amended by Chapter 329, 2007 General Session
UT Code § 8-5-6 (2021)
2021 Utah Code|Title 8 - Cemeteries|Chapter 5 - Rights and Title to Cemetery Lots|Section 6 - Alternative council or board procedures for notice -- Termination of rights.

 Effective 5/5/2021  8-5-6. Alternative council or board procedures for notice -- Termination of rights.    (1) As an alternative to the procedures set forth in Sections 8-5-1 through 8-5-4, a municipal council or cemetery maintenance district board may pass a resolution demanding that the owner of a lot, site, or portion of the cemetery, which has been unused for burial purposes for more than 60 years, file with the county recorder, city recorder, or town clerk notice of any claim to the lot, site, or portion of the cemetery.     (2) The municipal council or cemetery maintenance district board shall then cause a copy of the resolution to be personally served on the owner in the same manner as personal service of process in a civil action. The resolution shall notify the owner that the owner shall, within 60 days after service of the resolution on the owner, express interest in maintaining the cemetery lot, site, or portion of the cemetery and submit satisfactory evidence of an intention to use the lot, site, or portion of the cemetery for a burial.     (3) If the owner cannot be personally served with the resolution of the municipal council or cemetery maintenance district board as required in Subsection (2), the municipal council or cemetery maintenance district board shall:   (a) publish its resolution on the Utah Public Notice Website created in Section 63A-16-601 for three weeks; and     (b) mail a copy of the resolution within 14 days after the publication to the owner's last known address, if available.       (4) If, for 30 days after the last date of service or publication of the municipal council's or cemetery maintenance district board's resolution, the owner or person with a legal interest in the cemetery lot fails to state a valid interest in the use of the cemetery lot, site, or portion of the cemetery for burial purposes, the owner's rights are terminated and that portion of the cemetery shall be vested in the municipality or cemetery maintenance district.    Amended by Chapter 355, 2021 General Session