reglab/housing_qa huggingface dataset:
UT Code § 31A-35-701 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 35 - Bail Bond Act|Part 7 - Prohibitions and Penalties|Section 701 - Prohibited acts.

 Effective 5/10/2016  31A-35-701. Prohibited acts.    (1) A bail bond producer or bail bond agency may not:   (a) solicit business in or about:   (i) any place where persons in the custody of the state or any local law enforcement or correctional agency are confined; or     (ii) any court;       (b) pay a fee or rebate or give or promise anything of value to any person in order to secure a settlement, compromise, remission, or reduction of the amount of any undertaking or bail bond;     (c) pay a fee or rebate or give anything of value to an attorney in regard to any bail bond matter, except payment for legal services actually rendered for the bail bond producer or bail bond agency;     (d) pay a fee or rebate or give or promise anything of value to the principal or anyone in the principal's behalf; or     (e) engage in any other act prohibited by the commissioner by rule.       (2) The following persons may not act as bail bond producers and may not, directly or indirectly, receive any benefits from the execution of any bail bond:   (a) a person employed at any jail, correctional facility, or other facility used for the incarceration of persons;     (b) a peace officer;     (c) a judge; and     (d) an inmate incarcerated in any jail, correctional facility, or other facility used for the incarceration of persons.       (3) A bail bond producer may not:   (a) sign or countersign in blank any bail bond;     (b) give the power of attorney to, or otherwise authorize anyone to, countersign in the bail bond producer's name to a bail bond; or     (c) submit a bail bond to a jail or court in Utah without having completed a written agreement that:   (i) states the terms of the bail agreement, contract, or undertaking;     (ii) is signed by the bail bond producer; and     (iii) is filed with the department.         (4) A bail bond producer may not advertise or hold himself or herself out to be a bail bond agency or surety insurer.     (5) The following persons or members of their immediate families may not solicit business on behalf of a bail bond agency or bail bond producer:   (a) a person employed at any jail, correctional facility, or other facility used for the incarceration of persons;     (b) a peace officer;     (c) a judge; or     (d) an inmate incarcerated in any jail, correctional facility, or other facility used for the incarceration of persons.      Amended by Chapter 234, 2016 General Session
UT Code § 31A-35-702 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 35 - Bail Bond Act|Part 7 - Prohibitions and Penalties|Section 702 - Early surrender without cause.

 Effective 5/10/2016  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:   (a) the time specified in the undertaking of bail or the bail bond for the appearance of the defendant; or     (b) any other occasion where the presence of the defendant in court is lawfully required.       (2) As used in this section, "good cause" includes:   (a) the defendant providing materially false information on the application for bail or a bail bond;     (b) the court's increasing the amount of bail beyond sound underwriting criteria employed by:   (i) the bail bond producer; or     (ii) the bail bond agency;       (c) a material and detrimental change in the collateral posted by:   (i) the defendant; or     (ii) a person acting on the defendant's behalf;       (d) the defendant changing the defendant's address or telephone number without giving reasonable notice to:   (i) the bail bond producer; or     (ii) the bail bond agency;       (e) the defendant commits another crime, other than a minor traffic violation, as defined by department rule, while on bail;     (f) failure by the defendant to appear in court at the appointed time; or     (g) a finding of guilt against the defendant by a court of competent jurisdiction.      Amended by Chapter 234, 2016 General Session
UT Code § 31A-35-703 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 35 - Bail Bond Act|Part 7 - Prohibitions and Penalties|Section 703 - Disciplinary action.

 Effective 5/10/2016  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:   (a) disciplinary action by the commissioner against that person's:   (i) license, if the person is a bail bond agency or bail bond producer; or     (ii) certificate, if the person is a surety insurer; and       (b) imposition of civil penalties, as authorized under Title 31A, Chapter 2, Administration of the Insurance Laws.       (2) Penalties collected under this section shall be deposited in the restricted account created in Section 31A-35-407.    Amended by Chapter 234, 2016 General Session
UT Code § 31A-35-704 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 35 - Bail Bond Act|Part 7 - Prohibitions and Penalties|Section 704 - Submission of bail bond agencies and producers to jurisdiction of court.

 Effective 5/10/2016  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 jurisdiction of the court;     (2) irrevocably appoints the clerk of the court as agent upon whom any papers affecting the bail bond agency's or bail bond producer's liability on the undertaking may be served; and     (3) acknowledges that liability may be enforced on motion and upon notice as the court may require, without the necessity of an independent action.    Amended by Chapter 234, 2016 General Session
UT Code § 31A-37-101 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 37 - Captive Insurance Companies Act|Part 1 - General Provisions|Section 101 - Title.

31A-37-101. Title.  This chapter is known as the "Captive Insurance Companies Act."  Enacted by Chapter 251, 2003 General Session
UT Code § 31A-37-103 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 37 - Captive Insurance Companies Act|Part 1 - General Provisions|Section 103 - Chapter exclusivity.

 Effective 5/14/2019  31A-37-103. Chapter exclusivity.    (1) Except as provided in Subsections (2) and (3) or otherwise provided in this chapter, a provision of this title other than this chapter does not apply to a captive insurance company.     (2) To the extent that a provision of the following does not contradict this chapter, the provision applies to a captive insurance company that receives a certificate of authority under this chapter:   (a)Chapter 1, General Provisions;     (b)Chapter 2, Administration of the Insurance Laws;     (c)Chapter 4, Insurers in General;     (d)Chapter 5, Domestic Stock and Mutual Insurance Corporations;     (e)Chapter 14, Foreign Insurers;     (f)Chapter 16, Insurance Holding Companies;     (g)Chapter 17, Determination of Financial Condition;     (h)Chapter 18, Investments;     (i)Chapter 19a, Utah Rate Regulation Act;     (j)Chapter 27, Delinquency Administrative Action Provisions; and     (k)Chapter 27a, Insurer Receivership Act.       (3) In addition to this chapter, and subject to Section 31A-37a-103:   (a)Chapter 37a, Special Purpose Financial Captive Insurance Company Act, applies to a special purpose financial captive insurance company; and     (b) for purposes of a special purpose financial captive insurance company, a reference in this chapter to "this chapter" includes a reference to Chapter 37a, Special Purpose Financial Captive Insurance Company Act.       (4) In addition to this chapter, an industrial group captive insurance company formed as a risk retention group captive is subject to Chapter 15, Part 2, Risk Retention Groups Act, to the extent that this chapter is silent regarding regulation of risk retention groups conducting business in the state.    Amended by Chapter 193, 2019 General Session
UT Code § 31A-37-104 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 37 - Captive Insurance Companies Act|Part 1 - General Provisions|Section 104 - Applicability of reorganization, receivership, and injunction authority.

31A-37-104. Applicability of reorganization, receivership, and injunction authority.    (1) Except as provided in Chapter 37a, Special Purpose Financial Captive Insurance Company Act, and Subsection (2), Chapter 27a, Insurer Receivership Act, applies to a captive insurance company formed or holding a certificate of authority under this chapter.     (2) In the case of a sponsored captive insurance company:   (a) the assets of a protected cell may not be used to pay an expense or claim other than one attributable to the protected cell; and     (b) the capital and surplus of the sponsored captive insurance company:   (i) shall at all times be available to pay:   (A) an expense of the sponsored captive insurance company; or     (B) a claim against the sponsored captive insurance company; and       (ii) may not be used to pay an expense or claim attributable to a protected cell.        Amended by Chapter 302, 2008 General Session
UT Code § 31A-37-105 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 37 - Captive Insurance Companies Act|Part 1 - General Provisions|Section 105 - Operation of a branch captive insurance company.

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 Section 31A-37-106.  Amended by Chapter 297, 2011 General Session
UT Code § 31A-37-106 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 37 - Captive Insurance Companies Act|Part 1 - General Provisions|Section 106 - Authority to make rules -- Authority to issue orders.

 Effective 5/14/2019  31A-37-106. Authority to make rules -- Authority to issue orders.    (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commissioner may adopt rules to:   (a) determine circumstances under which a branch captive insurance company is not required to be a pure captive insurance company;     (b) require a statement, document, or information that a captive insurance company shall provide to the commissioner to obtain a certificate of authority;     (c) determine a factor a captive insurance company shall provide evidence of under Subsection 31A-37-201(4)(b);     (d) prescribe one or more capital requirements for a captive insurance company in addition to those required under Section 31A-37-204 based on the type, volume, and nature of insurance business transacted by the captive insurance company;     (e) waive or modify a requirement for public notice and hearing for the following by a captive insurance company:   (i) merger;     (ii) consolidation;     (iii) conversion;     (iv) mutualization;     (v) redomestication; or     (vi) acquisition;       (f) approve the use of one or more reliable methods of valuation and rating for:   (i) an association captive insurance company;     (ii) a sponsored captive insurance company; or     (iii) an industrial insured group;       (g) prohibit or limit an investment that threatens the solvency or liquidity of:   (i) a pure captive insurance company; or     (ii) an industrial insured captive insurance company;       (h) determine the financial reports a sponsored captive insurance company shall annually file with the commissioner;     (i) prescribe the required forms and reports under Section 31A-37-501;     (j) establish one or more standards to ensure that:   (i) one of the following is able to exercise control of the risk management function of a controlled unaffiliated business to be insured by a pure captive insurance company:   (A) a parent; or     (B) an affiliated company of a parent; or       (ii) one of the following is able to exercise control of the risk management function of a controlled unaffiliated business to be insured by an industrial insured captive insurance company:   (A) an industrial insured; or     (B) an affiliated company of the industrial insured; and         (k) establish requirements for obtaining, maintaining, and renewing a certificate of dormancy.       (2) Notwithstanding Subsection (1)(j), until the commissioner adopts the rules authorized under Subsection (1)(j), the commissioner may by temporary order grant authority to insure risks to:   (a) a pure captive insurance company; or     (b) an industrial insured captive insurance company.       (3) The commissioner may issue prohibitory, mandatory, and other orders relating to a captive insurance company as necessary to enable the commissioner to secure compliance with this chapter.    Amended by Chapter 193, 2019 General Session
UT Code § 31A-37-202 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 37 - Captive Insurance Companies Act|Part 2 - Certificate of Authority|Section 202 - Permissive areas of insurance.

 Effective 5/5/2021  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 Subsection (1), an association captive insurance company may insure the risk of:   (a) a member organization of the association captive insurance company's association; or     (b) an affiliate of a member organization of the association captive insurance company's association.       (3) The following may insure a risk of a controlled unaffiliated business:   (a) an industrial insured captive insurance company;     (b) a protected cell;     (c) a pure captive insurance company; or     (d) a sponsored captive insurance company.       (4) To the extent allowed by a captive insurance company's organizational charter, a captive insurance company may provide any type of insurance described in this title, except:   (a) workers' compensation insurance;     (b) personal motor vehicle insurance;     (c) homeowners' insurance; and     (d) any component of the types of insurance described in Subsections (4)(a) through (c).       (5) A captive insurance company may not provide coverage for:   (a) a wager or gaming risk;     (b) loss of an election; or     (c) the penal consequences of a crime.       (6) Unless the punitive damages award arises out of a criminal act of an insured, a captive insurance company may provide coverage for punitive damages awarded, including through adjudication or compromise, against the captive insurance company's:   (a) parent;     (b) affiliated company; or     (c) controlled unaffiliated business.       (7) Notwithstanding Subsection (4), if approved by the commissioner, a captive insurance company may insure as a reimbursement a limited layer or deductible of workers' compensation coverage.    Amended by Chapter 252, 2021 General Session
UT Code § 31A-37-203 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 37 - Captive Insurance Companies Act|Part 2 - Certificate of Authority|Section 203 - Deceptive name prohibited.

 Effective 5/14/2019  31A-37-203. Deceptive name prohibited.    (1) A captive insurance company may not adopt a name that is:   (a) the same as any other existing business name registered in this state;     (b) deceptively similar to any other existing business name registered in this state; or     (c) likely to be:   (i) confused with any other existing business name registered in this state; or     (ii) mistaken for any other existing business name registered in this state.         (2) An applicant captive insurance company that submits an application for a certificate of authority on or after May 14, 2019, or a captive insurance company that changes its name on or after May 14, 2019, shall include the word "insurance" or a term of equivalent meaning in its name.    Amended by Chapter 193, 2019 General Session
UT Code § 31A-37-302 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 37 - Captive Insurance Companies Act|Part 3 - Requirements|Section 302 - Investment requirements.

 Effective 5/12/2015  31A-37-302. Investment requirements.    (1)   (a) Except as provided in Subsection (1)(b), an association captive insurance company, a sponsored captive insurance company, and an industrial insured group shall comply with the investment requirements contained in this title.     (b) Notwithstanding Subsection (1)(a) and any other provision of this title, the commissioner may approve the use of alternative reliable methods of valuation and rating under Section 31A-37-106 for:   (i) an association captive insurance company;     (ii) a sponsored captive insurance company; or     (iii) an industrial insured group.         (2)   (a) Except as provided in Subsection (2)(b), a pure captive insurance company or industrial insured captive insurance company is not subject to any restrictions on allowable investments contained in this title.     (b) Notwithstanding Subsection (2)(a), the commissioner may, under Section 31A-37-106, prohibit or limit an investment that threatens the solvency or liquidity of:   (i) a pure captive insurance company; or     (ii) an industrial insured captive insurance company.         (3)   (a)   (i) Except as provided in Subsection (3)(a)(ii), a captive insurance company may not make loans to:   (A) the parent company of the captive insurance company; or     (B) an affiliate of the captive insurance company.       (ii) Notwithstanding Subsection (3)(a)(i), a pure captive insurance company may make loans to:   (A) the parent company of the pure captive insurance company; or     (B) an affiliate of the pure captive insurance company.         (b) A loan under Subsection (3)(a):   (i) may be made only on the prior written approval of the commissioner; and     (ii) shall be evidenced by a note in a form approved by the commissioner.       (c) A pure captive insurance company may not make a loan from the paid-in capital required under Subsection 31A-37-204(1).      Amended by Chapter 244, 2015 General Session
UT Code § 31A-37-303 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 37 - Captive Insurance Companies Act|Part 3 - Requirements|Section 303 - Reinsurance.

 Effective 5/5/2021  31A-37-303. Reinsurance.    (1)   (a) A captive insurance company may cede risks to any insurance company approved by the commissioner.     (b) Except as provided in Subsection (1)(c), a captive insurance company may provide reinsurance on risks ceded by any other insurer with prior approval of the commissioner.     (c) A captive insurance company may not provide reinsurance on a punitive damages risk ceded by an insurer, unless the punitive damages risk is the risk of the captive insurance company's:   (i) parent;     (ii) affiliated company; or     (iii) controlled unaffiliated business.         (2)   (a) A captive insurance company may take credit for reserves on risks or portions of risks ceded to reinsurers if the captive insurance company complies with:   (i) Section 31A-17-404, 31A-17-404.1, 31A-17-404.3, or 31A-17-404.4; or     (ii) other requirements as the commissioner may establish by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.       (b) Unless the reinsurer is in compliance with Section 31A-17-404, 31A-17-404.1, 31A-17-404.3, or 31A-17-404.4 or a rule adopted under Subsection (2)(a)(ii), a captive insurance company may not take credit for:   (i) reserves on risks ceded to a reinsurer; or     (ii) portions of risks ceded to a reinsurer.        Amended by Chapter 252, 2021 General Session
UT Code § 31A-37-304 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 37 - Captive Insurance Companies Act|Part 3 - Requirements|Section 304 - Rating organization.

31A-37-304. Rating organization.  A captive insurance company is not required to join a rating organization.  Enacted by Chapter 251, 2003 General Session
UT Code § 31A-37-305 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 37 - Captive Insurance Companies Act|Part 3 - Requirements|Section 305 - Contributions to guaranty or insolvency fund prohibited.

 Effective 5/9/2017  31A-37-305. Contributions to guaranty or insolvency fund prohibited.    (1) A captive insurance company may not join or contribute financially to any of the following in this state:   (a) a plan;     (b) a pool;     (c) an association;     (d) a guaranty fund; or     (e) an insolvency fund.       (2) A captive insurance company, the insured of a captive insurance company, the parent of a captive insurance company, an affiliate of a captive insurance company, or a member organization of an association captive insurance company may not receive a benefit from:   (a) a plan;     (b) a pool;     (c) an association;     (d) a guaranty fund for claims arising out of the operations of the captive insurance company; or     (e) an insolvency fund for claims arising out of the operations of the captive insurance company.      Amended by Chapter 168, 2017 General Session
UT Code § 31A-37-403 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 37 - Captive Insurance Companies Act|Part 4 - Sponsored Captive Insurance Companies|Section 403 - Participants in sponsored captive insurance companies.

 Effective 5/12/2015  31A-37-403. Participants in sponsored captive insurance companies.    (1) Any of the following may be a participant in a sponsored captive insurance company holding a certificate of authority under this chapter:   (a) an association;     (b) a corporation that is for profit or nonprofit;     (c) a limited liability company;     (d) a partnership;     (e) a trust; or     (f) any other business entity.       (2) A sponsor may be a participant in a sponsored captive insurance company.     (3) A participant need not be:   (a) a shareholder of the sponsored captive insurance company; or     (b) an affiliate of the sponsored captive insurance company.       (4) A participant shall insure only the participant's own risks through a sponsored captive insurance company unless otherwise approved by the commissioner.    Amended by Chapter 244, 2015 General Session
UT Code § 31A-37-404 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 37 - Captive Insurance Companies Act|Part 4 - Sponsored Captive Insurance Companies|Section 404 - Discounting of loss and loss adjustment expense reserves.

 Effective 5/12/2015  31A-37-404. Discounting of loss and loss adjustment expense reserves.    (1) A sponsored captive insurance company may discount its loss and loss adjustment expense reserves at treasury rates applied to the applicable payments projected through the use of the expected payment pattern associated with the reserves.     (2)   (a) A sponsored captive insurance company shall annually file with the department an actuarial opinion provided by an independent actuary on loss and loss adjustment expense reserves.     (b) The independent actuary described in Subsection (2)(a) may not be an employee of:   (i) the company filing the actuarial opinion; or     (ii) an affiliate of the company filing the actuarial opinion.         (3) The commissioner may disallow the discounting of reserves by a sponsored captive insurance company if the sponsored captive insurance company violates this title.    Amended by Chapter 244, 2015 General Session