reglab/housing_qa huggingface dataset:
UT Code § 31A-3-302 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 3 - Department Funding, Fees, and Taxes|Part 3 - Taxation of Surplus Lines, Illegal Transactions, and Captive Insurance Companies|Section 302 - Tax on illegal transactions.

31A-3-302. Tax on illegal transactions.  An insurance transaction under Chapter 15, Unauthorized Insurers, Surplus Lines, and Risk Retention Groups, which violates the restrictions placed on transactions by that chapter shall be taxed at a rate four percentage points higher than the applicable rate under Section 59-9-101.  Amended by Chapter 2, 1987 General Session
UT Code § 31A-3-303 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 3 - Department Funding, Fees, and Taxes|Part 3 - Taxation of Surplus Lines, Illegal Transactions, and Captive Insurance Companies|Section 303 - Payment of tax.

 Effective 5/8/2018  31A-3-303. Payment of tax.    (1)   (a) An insurer, the producers involved in the transaction, and the policyholder are jointly and severally liable for the payment of the taxes required under Section 31A-3-301.     (b) The policyholder's liability for payment of the premium tax under Section 31A-3-301 ends when the policyholder pays the tax to a producer or an insurer.     (c) The insurer and the producers involved in the transaction are jointly and severally liable for the payment of the additional tax required under Section 31A-3-302.     (d) Except for the tax under Section 31A-3-302, the policyholder shall pay a tax under this part and shall be billed specifically for the tax when billed for the premium.     (e) Except for the tax imposed under Section 31A-3-302, absorption of the tax by the producer or insurer is an unfair method of competition under Sections 31A-23a-402 and 31A-23a-402.5.       (2)   (a) The commissioner shall by rule prescribe accounting and reporting forms and procedures for insurers, producers, and policyholders to use in determining the amount of taxes owed under this part, and the manner and time of payment.     (b) If a tax is not paid within the time prescribed under the commissioner's rule, a penalty shall be imposed of 25% of the tax due, plus 1-1/2% per month from the time of default until full payment of the tax.       (3) Upon making a record of its actions, and upon reasonable cause shown, the commissioner may waive, reduce, or compromise any of the penalties or interest imposed under this part.     (4) When Utah is the home state, premiums for surplus lines insurance are taxable in full.     (5) Subject to Section 31A-3-305, the premium taxes collected under this part by a producer or by an insurer are the property of this state.     (6) If the property of a producer is seized under any process in a court in this state, or if a producer's business is suspended by the action of creditors or put into the hands of an assignee, receiver, or trustee, the taxes and penalties due this state under this part are preferred claims and the state is to that extent a preferred creditor.    Amended by Chapter 319, 2018 General Session
UT Code § 31A-3-304 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 3 - Department Funding, Fees, and Taxes|Part 3 - Taxation of Surplus Lines, Illegal Transactions, and Captive Insurance Companies|Section 304 - Annual fees -- Other taxes or fees prohibited -- Captive Insurance Restricted Account.

 Effective 5/14/2019  31A-3-304. Annual fees -- Other taxes or fees prohibited -- Captive Insurance Restricted Account.    (1)   (a) A captive insurance company shall pay an annual fee imposed under this section to obtain or renew a certificate of authority.     (b) The commissioner shall:   (i) determine the annual fee pursuant to Section 31A-3-103; and     (ii) consider whether the annual fee is competitive with fees imposed by other states on captive insurance companies.         (2) A captive insurance company that fails to pay the fee required by this section is subject to the relevant sanctions of this title.     (3)   (a) A captive insurance company that pays one of the following fees is exempt from Title 59, Chapter 7, Corporate Franchise and Income Taxes, and Title 59, Chapter 9, Taxation of Admitted Insurers:   (i) a fee under this section;     (ii) a fee under Chapter 37, Captive Insurance Companies Act; or     (iii) a fee under Chapter 37a, Special Purpose Financial Captive Insurance Company Act.       (b) The state or a county, city, or town within the state may not levy or collect an occupation tax or other fee or charge not described in Subsections (3)(a)(i) through (iii) against a captive insurance company.     (c) The state may not levy, assess, or collect a withdrawal fee under Section 31A-4-115 against a captive insurance company.       (4) A captive insurance company shall pay the fee imposed by this section to the commissioner by June 1 of each year.     (5)   (a) Money received pursuant to a fee described in Subsection (3)(a) shall be deposited into the Captive Insurance Restricted Account.     (b) There is created in the General Fund a restricted account known as the "Captive Insurance Restricted Account."     (c) The Captive Insurance Restricted Account shall consist of the fees described in Subsection (3)(a).     (d) The commissioner shall administer the Captive Insurance Restricted Account. Subject to appropriations by the Legislature, the commissioner shall use the money deposited into the Captive Insurance Restricted Account to:   (i) administer and enforce:   (A)Chapter 37, Captive Insurance Companies Act; and     (B)Chapter 37a, Special Purpose Financial Captive Insurance Company Act; and       (ii) promote the captive insurance industry in Utah.       (e) An appropriation from the Captive Insurance Restricted Account is nonlapsing, except that at the end of each fiscal year, money received by the commissioner in excess of the following shall be treated as free revenue in the General Fund:   (i) for fiscal year 2018-2019 and subsequent fiscal years, in excess of $1,600,000; and     (ii) for fiscal year 2019-2020 and subsequent fiscal years, in excess of $1,450,000.        Amended by Chapter 193, 2019 General Session
UT Code § 31A-3-401 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 3 - Department Funding, Fees, and Taxes|Part 4 - Retaliation|Section 401 - Retaliation against insurers of foreign state or country.

31A-3-401. Retaliation against insurers of foreign state or country.    (1) Except as provided in Section 31A-3-402, when, under the laws of another state or foreign country any taxes, licenses, other fees, deposit requirements, or other material obligations, prohibitions, or restrictions are or would be imposed on Utah insurers, or on the agents or representatives of Utah insurers, that are in excess of the taxes, licenses, other fees, deposit requirements, or other obligations, prohibitions, or restrictions directly imposed upon similar insurers, or upon the agents or representatives of those insurers, of that other state or country under the statutes of this state, as long as the laws of that other state or country continue in force or are so applied, the same taxes, licenses, other fees, deposit requirements, or other material obligations, prohibitions, or restrictions of any kind shall be imposed, collected, and enforced by the State Tax Commission, with the assistance of the commissioner, upon the insurers, or upon the agents or representatives of those insurers, of that other state or country doing business or seeking to do business in this state.     (2) Any tax, license, or other obligation imposed by any city, county, or other political subdivision or agency of another state or country on Utah insurers, their agents, or representatives is considered as being imposed by that state or country within the meaning of this section.     (3) The commissioner may by rule waive the retaliatory requirements for a person that is:   (a) doing business in this state; or     (b) seeking to do business in this state.      Amended by Chapter 308, 2002 General Session
UT Code § 31A-3-402 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 3 - Department Funding, Fees, and Taxes|Part 4 - Retaliation|Section 402 - Obligations to which retaliation inapplicable.

31A-3-402. Obligations to which retaliation inapplicable.  Section 31A-3-401 does not apply to personal income taxes, ad valorem taxes on real or personal property, nor special purpose obligations or assessments in connection with particular kinds of insurance, except that deductions from premium taxes or other taxes otherwise payable, allowed on account of real estate or personal property taxes paid, are taken into consideration by the commissioner in determining the propriety and extent of retaliatory action under this part.  Enacted by Chapter 242, 1985 General Session
UT Code § 31A-3-403 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 3 - Department Funding, Fees, and Taxes|Part 4 - Retaliation|Section 403 - Domicile of alien insurers.

31A-3-403. Domicile of alien insurers.    (1) The domicile of an insurer formed under the laws of Canada, or a province of Canada, is considered to be that province in which its head office is situated.     (2) For the purposes of this part, the domicile of an alien insurer, other than insurers formed under the laws of Canada or a province thereof, is the state where the insurer's principal place of business is located in the United States, except that alien insurers may designate in a writing filed with the commissioner at time of admission to Utah or by January 1, 1987, whichever date is later, any one of the following states as the alien insurer's state of domicile:   (a) the state where the insurer was first authorized to transact insurance;     (b) the state which is the insurer's principal place of business in the United States; or     (c) the state where the largest deposit of trusteed assets of the insurer for the protection of its policyholders and creditors in the United States is held.      Enacted by Chapter 242, 1985 General Session
UT Code § 31A-5-101 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 5 - Domestic Stock and Mutual Insurance Corporations|Part 1 - General Provisions|Section 101 - Definitions.

31A-5-101. Definitions.  In this chapter, unless the context requires otherwise:  (1) The definitions of the following terms applicable to the Utah Revised Business Corporation Act in Section 16-10a-102 apply to stock corporations:   (a) "affiliate";     (b) "mail"; and     (c) "notice."       (2) The definitions to the following terms applicable to nonprofit corporations in Section 16-6a-102 apply to mutuals:   (a) "articles of incorporation";     (b) "bylaws"; and     (c) "member."       (3) "Promoter securities" are securities issued by a stock insurer to the incorporators, directors, officers, or their families or nominees at any time prior to, and up to one year following, the issuance of a certificate of authority to the stock insurer.    Amended by Chapter 386, 2009 General Session
UT Code § 31A-5-102 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 5 - Domestic Stock and Mutual Insurance Corporations|Part 1 - General Provisions|Section 102 - Scope and purposes.

31A-5-102. Scope and purposes.    (1)   (a) Except as expressly provided otherwise in this title, this chapter applies to all corporations organized under Utah law and doing an insurance business as defined under Section 31A-1-301, except those expressly governed by other chapters of this title. This chapter applies to corporations doing a reinsurance business, whether or not they do other insurance business.     (b) Except as expressly provided otherwise, this chapter does not apply to nondomestic insurers.     (c) Except as provided otherwise in this title, Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act, and Title 16, Chapter 10a, Utah Revised Business Corporation Act, apply to corporations under this chapter.     (d) If Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act, or Title 16, Chapter 10a, Utah Revised Business Corporation Act, conflict with this title, this title governs.       (2) The purposes of this chapter include:   (a) to provide a procedure for the formation of insurance corporations;     (b) to assure the solidity of insurance corporations by providing an organizational framework to facilitate sound management, sound operation, and sound regulation;     (c) to provide fair means of corporate transformation; and     (d) where feasible, to strengthen internal corporate democracy through enhancing shareholder and policyholder participation.      Amended by Chapter 300, 2000 General Session
UT Code § 31A-5-103 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 5 - Domestic Stock and Mutual Insurance Corporations|Part 1 - General Provisions|Section 103 - Orders imposing and relaxing restrictions.

31A-5-103. Orders imposing and relaxing restrictions.    (1) The commissioner may by order subject an individual corporation not otherwise subject to some or all of the restrictions of Subsections 31A-5-304(4), 31A-5-305(1)(a), 31A-5-305(2)(a)(i) and (ii), and 31A-5-410(1)(b) if he finds after a hearing that the individual corporation's financial condition, management, and other circumstances require additional regulation for the protection of the interests of insureds or the public. The commissioner shall detail in writing the grounds for his order.     (2) The commissioner may by order free a new corporation from any or all of the restrictions generally applicable to new corporations under the provisions listed in Subsection (1), if he is satisfied that the corporation's financial condition, management, and other circumstances give assurance that the interests of insureds and the public will not be endangered by doing so.    Amended by Chapter 1, 2000 General Session
UT Code § 31A-5-104 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 5 - Domestic Stock and Mutual Insurance Corporations|Part 1 - General Provisions|Section 104 - General corporate powers and procedures.

31A-5-104. General corporate powers and procedures.    (1)   (a) Subject to other provisions of this code, Section 16-10a-302 applies to stock and mutual insurance corporations.     (b) Subject to other specific provisions of this title, a domestic insurance corporation may participate in any activity permitted as a promoter, partner, member, associate, or manager of any partnership, joint venture, trust, or other enterprise.       (2) Subsections 16-10a-303(2)(a) and (b) apply to stock corporations, and Section 16-10a-622 applies to mutuals.     (3) Whenever a seal is required on a corporate document, writing or printing the word "Seal" constitutes a valid seal.     (4) In waiving notice and in informal actions by shareholders, members, or directors, Sections 16-10a-704, 16-10a-706, and 16-10a-823 apply to stock corporations, and Sections 16-6a-705 and 16-6a-707 apply to mutuals.     (5) A life insurance corporation may hold assets under Section 31A-22-410 as general corporate assets or as trustee.    Amended by Chapter 300, 2000 General Session
UT Code § 31A-5-105 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 5 - Domestic Stock and Mutual Insurance Corporations|Part 1 - General Provisions|Section 105 - Documents as evidence.

31A-5-105. Documents as evidence.  A certificate issued by the commissioner under a provision of this chapter is prima facie evidence of the facts stated in the certificate.  Enacted by Chapter 242, 1985 General Session
UT Code § 31A-5-106 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 5 - Domestic Stock and Mutual Insurance Corporations|Part 1 - General Provisions|Section 106 - Unauthorized assumption of corporate power.

31A-5-106. Unauthorized assumption of corporate power.  All persons who presume to act as a corporation under this chapter without authority to do so are jointly and severally liable for all debts and liabilities incurred or arising as a result.  Enacted by Chapter 242, 1985 General Session
UT Code § 31A-5-108 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 5 - Domestic Stock and Mutual Insurance Corporations|Part 1 - General Provisions|Section 108 - Transition provision for former mutual benefit associations, cooperative associations, county mutuals, and reciprocal insurers.

31A-5-108. Transition provision for former mutual benefit associations, cooperative associations, county mutuals, and reciprocal insurers.    (1) Except as otherwise provided in this code, a domestic stock or mutual insurance corporation, including an incorporated mutual benefit association, a county mutual, a reciprocal insurer, or an incorporated cooperative association, holding a valid certificate of authority on July 1, 1986, continues to be authorized within the limits of its certificate of authority. Incorporated mutual benefit associations, county mutuals, reciprocal insurers, and cooperative associations become Chapter 5, Domestic Stock and Mutual Insurance Corporations, mutuals by operation of law on July 1, 1986.     (2) If timely adjustment to the requirements of Chapter 5, Domestic Stock and Mutual Insurance Corporations, would cause an existing stock or mutual insurance corporation hardship, disproportionate expense, or serious inconvenience, the commissioner may, upon the corporation's request, grant an extension for compliance with specified requirements, if the interests of insureds and the public are not endangered. The extension may not be beyond July 1, 1988.    Enacted by Chapter 242, 1985 General Session
UT Code § 31A-5-109 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 5 - Domestic Stock and Mutual Insurance Corporations|Part 1 - General Provisions|Section 109 - Compliance extension.

31A-5-109. Compliance extension.  If timely adjustment to a particular requirement applicable to a Chapter 5, Domestic Stock and Mutual Insurance Corporations, mutual would cause a former county mutual, reciprocal insurer, cooperative association, or mutual benefit association hardship, disproportionate expense, or serious inconvenience, the commissioner may, upon the insurer's request, grant an extension for compliance if the interests of insureds and the public are not endangered. This extension may not be beyond July 1, 1988. The requirement of payment of taxes and fees is not considered a hardship or a disproportionate expense.  Enacted by Chapter 242, 1985 General Session
UT Code § 31A-5-201 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 5 - Domestic Stock and Mutual Insurance Corporations|Part 2 - Organization of Corporations|Section 201 - Reservation and registration of corporate name.

31A-5-201. Reservation and registration of corporate name.  The reservation, registration, and renewal of the corporate name of stock corporations and mutuals is governed by Sections 16-10a-402, 16-10a-403, and 31A-1-109. The reservation and registration fees provided in Section 31A-3-103 apply.  Amended by Chapter 344, 1995 General Session
UT Code § 31A-5-202 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 5 - Domestic Stock and Mutual Insurance Corporations|Part 2 - Organization of Corporations|Section 202 - Incorporators.

31A-5-202. Incorporators.    (1) One or more adult natural persons may organize and act as incorporators of a corporation under Section 31A-5-204.     (2) One to 15 adult natural persons may organize and act as incorporators of a corporation under the accelerated organization procedure of Section 31A-5-213.     (3) This section does not apply to stock and mutual insurance corporations already in existence on July 1, 1986.    Amended by Chapter 71, 2002 General Session
UT Code § 31A-5-203 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 5 - Domestic Stock and Mutual Insurance Corporations|Part 2 - Organization of Corporations|Section 203 - Articles and bylaws.

31A-5-203. Articles and bylaws.    (1) The articles of incorporation requirements in Section 16-10a-202 apply to the articles of a stock corporation, except that:   (a) the name of the corporation shall comply with Sections 16-10a-401 and 31A-1-109 and the name of any new or renamed corporation shall include the word "insurance" or a term of equivalent meaning;     (b) authorized shares shall conform to Subsection 31A-5-305(1) and the capital provided for shall conform to Section 31A-5-211; and     (c) beginning on July 1, 1988, the purposes of the corporation are limited to those permitted by Section 31A-4-107.       (2) The articles of incorporation requirements in Section 16-6a-202, except Subsections 16-6a-202(1)(f) and (g), apply to the articles of a mutual except that:   (a) The name of the corporation shall comply with Sections 16-6a-401 and 31A-1-109 and the name of any new or renamed corporation shall include the words "mutual" and "insurance" or terms of equivalent meaning.     (b) If any mutual bonds are authorized, they shall comply with Subsection 31A-5-305(2)(a).     (c) The purposes of the corporation may not include doing a title insurance business, and shall be limited to those purposes permitted by Section 31A-4-107.     (d) If assessable policies are permitted, the articles shall contain provisions giving assessment liabilities and procedures, including a provision specifying the classes of business on which assessment may be separately levied.     (e) The articles may specify those classes of persons who may be policyholders, or prescribe the procedure for establishing or removing restrictions on the classes of persons who may be policyholders. The articles shall also state that each policyholder is a member of the corporation.       (3) Sections 16-10a-830 and 16-10a-831 apply to stock corporations and Section 16-6a-818 applies to mutuals. The articles or bylaws shall designate three or more principal offices the principal officers of the corporation shall hold. The principal offices shall be held by at least three separate natural persons.     (4) The bylaws of a domestic corporation shall comply with this chapter. A copy of the bylaws, and any amendments to them, shall be filed with the commissioner within 60 days after their adoption. Subject to this Subsection (4), Subsections 31A-5-204(2)(c) and (5), Subsection 31A-5-213(4), and Section 16-10a-206 apply to stock corporations and Section 16-6a-206 applies to mutuals.    Amended by Chapter 364, 2008 General Session
UT Code § 31A-5-205 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 5 - Domestic Stock and Mutual Insurance Corporations|Part 2 - Organization of Corporations|Section 205 - Bond.

31A-5-205. Bond.    (1) No organization permit may be issued until the commissioner receives from the applicants a bond of an authorized corporate surety, or a deposit of cash or approved securities under Section 31A-2-206. This bond or deposit shall be in an amount the commissioner determines is sufficient, but in no event may it be less than $20,000, nor more than $100,000. The bond or deposit shall be in favor of the state of Utah and of any subscribers and creditors of the applicant, for the payment of costs incurred by the state by reason of dissolution of the corporation before the issuance of a certificate of authority and for the payment of other debts incurred in the organizational period. The bond shall be discharged or the deposit returned upon issuance of the certificate of authority under Section 31A-5-212.     (2) This section does not apply to stock or mutual insurance corporations already in existence on July 1, 1986.    Enacted by Chapter 242, 1985 General Session