reglab/housing_qa huggingface dataset:
UT Code § 59-28-106 (2021)
2021 Utah Code|Title 59 - Revenue and Taxation|Chapter 28 - State Transient Room Tax Act|Section 106 - Certified service provider or model 2 seller reliance on commission certified software.

 Affected by 63I-1-259 on 1/1/2023  Effective 1/1/2018  59-28-106. Certified service provider or model 2 seller reliance on commission certified software.    (1) Except as provided in Subsection (2) and subject to Subsection (4), a certified service provider or model 2 seller is not liable for failing to collect a tax required under this chapter if:   (a) the certified service provider or model 2 seller relies on software the commission certifies; and     (b) the certified service provider's or model 2 seller's failure to collect a tax required under this chapter is as a result of the seller's or certified service provider's reliance on incorrect data:   (i) provided by the commission; or     (ii) in the software the commission certifies.         (2) The relief from liability described in Subsection (1) does not apply if a certified service provider or model 2 seller incorrectly classifies an item or transaction into a product category the commission certifies.     (3) If the taxability of a product category is incorrectly classified in software the commission certifies, the commission shall:   (a) notify a certified service provider or model 2 seller of the incorrect classification of the taxability of a product category in software the commission certifies; and     (b) state in the notice required by Subsection (3)(a) that, if the certified service provider or model 2 seller fails to correct the taxability of the item or transaction within 10 days after the day on which the certified service provider or model 2 seller receives the notice, the certified service provider or model 2 seller is liable for failing to collect the correct amount of tax under this chapter on the incorrectly classified product category.       (4) If a certified service provider or model 2 seller fails to correct the taxability of an item or transaction within 10 days after the day on which the certified service provider or model 2 seller receives the notice described in Subsection (3), the certified service provider or model 2 seller is liable for failing to collect the correct amount of tax under this chapter on the item or transaction.    Enacted by Chapter 166, 2017 General Session
UT Code § 59-28-107 (2021)
2021 Utah Code|Title 59 - Revenue and Taxation|Chapter 28 - State Transient Room Tax Act|Section 107 - Purchaser relief from liability.

 Affected by 63I-1-259 on 1/1/2023  Effective 1/1/2018  59-28-107. Purchaser relief from liability.    (1)   (a) Except as provided in Subsection (1)(b), a purchaser is relieved from a penalty under Section 59-1-401 for failure to pay a tax due under this chapter or an underpayment if:   (i) the purchaser's seller or certified service provider relies on incorrect data provided by the commission:   (A) on a tax rate;     (B) on a boundary;     (C) on a taxing jurisdiction; or     (D) in the taxability matrix the commission provides in accordance with the agreement; or       (ii) the purchaser, regardless of whether the purchaser holds a direct payment permit in accordance with Section 59-12-107.1, relies on incorrect data provided by the commission:   (A) on a tax rate;     (B) on a boundary;     (C) on a taxing jurisdiction; or     (D) in the taxability matrix the commission provides in accordance with the agreement.         (b) For purposes of Subsection (1)(a), a purchaser is not relieved from a penalty under Section 59-1-401 for failure to pay a tax due under this chapter or an underpayment if the purchaser's, the purchaser's seller's, or the purchaser's certified service provider's reliance on incorrect data provided by the commission is as a result of conduct that is:   (i) fraudulent;     (ii) intentional; or     (iii) willful.         (2) In addition to the relief from a penalty described in Subsection (1), a purchaser is not liable for a tax or interest under Section 59-1-402 for failure to pay a tax due under this chapter or an underpayment if:   (a) the purchaser's seller or certified service provider relies on:   (i) incorrect data provided by the commission:   (A) on a tax rate;     (B) on a boundary; or     (C) on a taxing jurisdiction; or       (ii) an erroneous classification by the commission:   (A) in the taxability matrix the commission provides in accordance with the agreement; and     (B) with respect to a term in the library of definitions that is listed as taxable or exempt, included in or excluded from "sales price," or included in or excluded from a definition; or         (b) the purchaser, regardless of whether the purchaser holds a direct payment permit in accordance with Section 59-12-107.1, relies on:   (i) incorrect data provided by the commission:   (A) on a tax rate;     (B) on a boundary; or     (C) on a taxing jurisdiction; or       (ii) an erroneous classification by the commission:   (A) in the taxability matrix the commission provides in accordance with the agreement; and     (B) with respect to a term in the library of definitions that is listed as taxable or exempt, included in or excluded from "sales price," or included in or excluded from a definition.          Enacted by Chapter 166, 2017 General Session
UT Code § 59-28-108 (2021)
2021 Utah Code|Title 59 - Revenue and Taxation|Chapter 28 - State Transient Room Tax Act|Section 108 - Military Installation Development Authority exemption.

 Affected by 63I-1-259 on 1/1/2023  Effective 5/8/2018  59-28-108. Military Installation Development Authority exemption.  Amounts paid or charged for accommodations and services, as defined in Section 63H-1-205, are exempt from the tax described in Section 59-28-103, if the amounts are paid to or charged by a proprietor subject to the MIDA accommodations tax imposed under Section 63H-1-205. Enacted by Chapter 442, 2018 General Session
UT Code § 61-1-1 (2021)
2021 Utah Code|Title 61 - Securities Division - Real Estate Division|Chapter 1 - Utah Uniform Securities Act|Section 1 - Fraud unlawful.

61-1-1. Fraud unlawful.  It is unlawful for any person, in connection with the offer, sale, or purchase of any security, directly or indirectly to:  (1) employ any device, scheme, or artifice to defraud;     (2) make any untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading; or     (3) engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person.    Amended by Chapter 284, 1983 General Session
UT Code § 61-1-2 (2021)
2021 Utah Code|Title 61 - Securities Division - Real Estate Division|Chapter 1 - Utah Uniform Securities Act|Section 2 - Investment adviser -- Unlawful acts.

61-1-2. Investment adviser -- Unlawful acts.    (1) It is unlawful for any person who receives any consideration from another person primarily for advising the other person as to the value of securities or their purchase or sale, whether through the issuance of analyses or reports or otherwise to:   (a) employ any device, scheme, or artifice to defraud the other person;     (b) engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon the other person; or     (c) divide or otherwise split any consideration with any person not licensed under this chapter as an investment adviser or investment adviser representative.       (2)   (a) Except as may be permitted by rule of the division, it is unlawful for any investment adviser to enter into, extend, or renew any investment advisory contract unless it provides in writing that:   (i) the investment adviser shall not be compensated on the basis of a share of capital gains upon or capital appreciation of the funds or any portion of the funds of the client;     (ii) no assignment of the contract may be made by the investment adviser without the consent of the other party to the contract; and     (iii) the investment adviser, if a partnership, shall notify the other party to the contract of any change in the membership of the partnership within a reasonable time after the change.       (b) Subsection 61-1-2(2)(a)(i) does not prohibit an investment advisory contract which provides for compensation based upon the total value of a fund averaged over a definite period, or as of definite dates or taken as of a definite date.     (c) "Assignment," as used in Subsection 61-1-2(2)(a)(ii), includes any direct or indirect transfer or hypothecation of an investment advisory contract by the assignor or of a controlling block of the assignor's outstanding voting securities by a security holder of the assignor.     (d) If the investment adviser is a partnership, no assignment of an investment advisory contract is considered to result from the death or withdrawal of a minority of the members of the investment adviser having only a minority interest in the business of the investment adviser, or from the admission to the investment adviser of one or more members who, after admission, will be only a minority of the members and will have only a minority interest in the business.       (3) It is unlawful for any investment adviser to take or have custody of any securities or funds of any client if:   (a) the division by rule prohibits custody; or     (b) in the absence of a rule, the investment adviser fails to notify the division that he has or may have custody.       (4) The division may by rule adopt exemptions from Subsections 61-1-2(2)(a)(i), (ii), and (iii) where such exemptions are consistent with the public interest and within the purposes fairly intended by the policy and provisions of this chapter.    Amended by Chapter 356, 2009 General Session
UT Code § 61-1-6.5 (2021)
2021 Utah Code|Title 61 - Securities Division - Real Estate Division|Chapter 1 - Utah Uniform Securities Act|Section 6.5 - Court-ordered discipline.

61-1-6.5. Court-ordered discipline.  The division shall promptly withhold, suspend, restrict, or reinstate the use of a license issued under this chapter if so ordered by a court.  Enacted by Chapter 232, 1997 General Session
UT Code § 61-1-7 (2021)
2021 Utah Code|Title 61 - Securities Division - Real Estate Division|Chapter 1 - Utah Uniform Securities Act|Section 7 - Registration before sale.

61-1-7. Registration before sale.  It is unlawful for any person to offer or sell any security in this state unless it is registered under this chapter, the security or transaction is exempted under Section 61-1-14, or the security is a federal covered security for which a notice filing has been made pursuant to the provisions of Section 61-1-15.5.  Amended by Chapter 160, 1997 General Session
UT Code § 61-1-11.1 (2021)
2021 Utah Code|Title 61 - Securities Division - Real Estate Division|Chapter 1 - Utah Uniform Securities Act|Section 11.1 - Hearings for certain exchanges of securities.

61-1-11.1. Hearings for certain exchanges of securities.    (1) An application may be made to the division for approval to issue securities or to deliver other consideration in exchange for:   (a) one or more outstanding securities, claims, or property interests; or     (b) partly in exchange for one or more outstanding securities, claims, or property interests, and partly for cash.       (2) The director may:   (a) hold a hearing upon the fairness of the terms and conditions of an exchange described in Subsection (1); and     (b) approve or disapprove the terms and conditions of an exchange described in Subsection (1).       (3) After conducting a hearing under this section, if the director finds that the terms and conditions of an exchange described in Subsection (1) are fair to those to whom the securities will be issued, the director may:   (a) approve the fairness of the terms and conditions of the exchange described in Subsection (1); and     (b) approve the exchange described in Subsection (1).       (4) In a hearing under this section, all persons to whom it is proposed to issue securities or to deliver other consideration in an exchange under Subsection (1) may appear.     (5) An application under Subsection (1) shall contain the information and be accompanied by the documents required by rule or order of the division.     (6) A person filing an application under Subsection (1) shall pay a filing fee as determined under Section 61-1-18.4.     (7) An applicant under this section shall provide adequate notice of any hearing under this section to all persons that have a right to appear, under Subsection (4), at the hearing.     (8) An application may be made under this section regardless of whether the security or transaction being issued is:   (a) exempt from registration; or     (b) not required to be registered.       (9) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division may establish rules to govern the conduct of a hearing permitted by this section in accordance with Sections 61-1-18.5 and 61-1-24.     (10) This section is intended to provide for a fairness hearing that satisfies the requirements of Securities Act of 1933, Section 3(a)(10), 15 U.S.C. Section 77c(a)(10), or any comparable section that may subsequently be enacted.    Amended by Chapter 351, 2009 General Session
UT Code § 61-1-14.5 (2021)
2021 Utah Code|Title 61 - Securities Division - Real Estate Division|Chapter 1 - Utah Uniform Securities Act|Section 14.5 - Burden of proving exemption.

61-1-14.5. Burden of proving exemption.  In any proceeding under this chapter, civil, criminal, administrative, or judicial, the burden of proving an exemption under Section 61-1-14 or an exception from a definition under Section 61-1-13 is upon the person claiming the exemption or exception.  Enacted by Chapter 284, 1983 General Session
UT Code § 61-1-15 (2021)
2021 Utah Code|Title 61 - Securities Division - Real Estate Division|Chapter 1 - Utah Uniform Securities Act|Section 15 - Filing of sales literature.

61-1-15. Filing of sales literature.  The division may by rule or order require the filing of any prospectus, pamphlet, circular, form letter, advertisement, or other sales literature or advertising communication addressed or intended for distribution to prospective investors, including clients or prospective clients of an investment adviser unless the security or transaction is exempted by Section 61-1-14 or is a federal covered security.  Amended by Chapter 160, 1997 General Session
UT Code § 61-1-15.5 (2021)
2021 Utah Code|Title 61 - Securities Division - Real Estate Division|Chapter 1 - Utah Uniform Securities Act|Section 15.5 - Federal covered securities.

 Effective 5/5/2021  61-1-15.5. Federal covered securities.    (1) The division by rule or order may require the filing of any of the following documents with respect to a covered security under Section 18(b)(2) of the Securities Act of 1933:   (a) before the initial offer of federal covered security in this state, a notice form as prescribed by the division or all documents that are part of a federal registration statement filed with the Securities and Exchange Commission under the Securities Act of 1933, together with a consent to service of process signed by the issuer and a filing fee as determined under Section 61-1-18.4;     (b) after the initial offer of such federal covered security in this state, all documents that are part of an amendment to a federal registration statement filed with the U.S. Securities and Exchange Commission under the Securities Act of 1933, which shall be filed concurrently with the division;     (c) a report of the value of federal covered securities offered or sold in this state, together with a filing fee as determined under Section 61-1-18.4; and     (d) a notice filing under this section shall be effective for one year and shall be renewed annually in order to continue to offer or sell the federal covered securities for which the notice was filed.       (2)   (a) With respect to a security that is a covered security under Section 18(b)(4)(F) of the Securities Act of 1933, the division by rule or order may require the issuer to file a notice on SEC Form D and a consent to service of process signed by the issuer no later than 15 days after the day on which the issuer sells the covered security in this state, together with a filing fee as determined under Section 61-1-18.4.     (b) The division shall waive the filing fee described in Subsection (2)(a) if:   (i) the filing is timely; and     (ii) the total offering amount listed on SEC Form D does not exceed $500,000.         (3) The division by rule or order may require the filing of a document filed with the Securities and Exchange Commission under the Securities Act of 1933, with respect to a covered security under Securities Act of 1933, Section 18(b)(3) or (4), together with a filing fee as determined under Section 61-1-18.4.     (4) With the concurrence of the commission, the director, by means of an adjudicative proceeding conducted in accordance with Title 63G, Chapter 4, Administrative Procedures Act, may issue a stop order suspending the offer and sale of a federal covered security, except a covered security under Section 18(b)(1) of the Securities Act of 1933, if the director finds that the order is in the public interest and there is a failure to comply with any condition established under this section.     (5) The division by rule or order may waive any or all of the provisions of this section.    Amended by Chapter 276, 2021 General Session
UT Code § 61-1-16 (2021)
2021 Utah Code|Title 61 - Securities Division - Real Estate Division|Chapter 1 - Utah Uniform Securities Act|Section 16 - False statements unlawful.

 Effective 5/10/2016  61-1-16. False statements unlawful.  It is unlawful for a person to make or cause to be made, in any document filed with the division or in any proceeding, examination, or investigation conducted under this chapter, any statement that is, at the time and in the light of the circumstances under which it is made, false or misleading in any material respect. Amended by Chapter 401, 2016 General Session
UT Code § 61-1-17 (2021)
2021 Utah Code|Title 61 - Securities Division - Real Estate Division|Chapter 1 - Utah Uniform Securities Act|Section 17 - No finding by division on merits -- Contrary representation unlawful.

61-1-17. No finding by division on merits -- Contrary representation unlawful.    (1) Neither the fact that an application for registration or a registration statement has been filed nor the fact that a person or security is effectively registered constitutes a finding by the division that any document filed under this chapter is true, complete, and not misleading. Neither any such fact nor the fact that an exemption or exception is available for a security or a transaction means that the division has passed in any way upon the merits or qualifications of, or recommended or given approval to, any person, security, or transaction.     (2) It is unlawful to make, or cause to be made, to any prospective purchaser, customer, or client any representation inconsistent with Subsection (1).    Amended by Chapter 284, 1983 General Session
UT Code § 61-1-18 (2021)
2021 Utah Code|Title 61 - Securities Division - Real Estate Division|Chapter 1 - Utah Uniform Securities Act|Section 18 - Division of Securities established -- Director -- Investigators.

 Effective 7/1/2021  61-1-18. Division of Securities established -- Director -- Investigators.    (1)   (a) There is established within the Department of Commerce a Division of Securities.     (b) The division is under the direction and control of a director. The executive director shall appoint the director with the governor's approval.     (c) Subject to Section 61-1-18.5, the division shall administer and enforce this chapter.     (d) The director shall hold office at the pleasure of the governor.       (2) The director, with the approval of the executive director, may employ the staff necessary to discharge the duties of the division or commission at salaries to be fixed by the director according to standards established by the Division of Human Resource Management.     (3) An investigator employed pursuant to Subsection (2) who meets the training requirements of Subsection 53-13-105(3) may be designated a special function officer, as defined in Section 53-13-105, by the director, but is not eligible for retirement benefits under the Public Safety Employee's Retirement System.    Amended by Chapter 344, 2021 General Session
UT Code § 61-1-18.1 (2021)
2021 Utah Code|Title 61 - Securities Division - Real Estate Division|Chapter 1 - Utah Uniform Securities Act|Section 18.1 - Technical experts and specialists -- Employment -- Contracts.

61-1-18.1. Technical experts and specialists -- Employment -- Contracts.  The director may employ or contract with technical experts and specialists including but not limited to certified public accountants, appraisers, engineers, and tax accountants to conduct or participate in any examination, audit, investigation or proceeding.  Enacted by Chapter 284, 1983 General Session
UT Code § 61-1-18.2 (2021)
2021 Utah Code|Title 61 - Securities Division - Real Estate Division|Chapter 1 - Utah Uniform Securities Act|Section 18.2 - Budget -- Annual report.

61-1-18.2. Budget -- Annual report.  The director shall annually prepare and submit to the executive director:   (1) a budget for the expenses of the division and commission for the administration and enforcement of this chapter for the next fiscal year; and     (2) a report outlining the division's and commission's work for the preceding fiscal year.    Amended by Chapter 351, 2009 General Session
UT Code § 61-1-18.3 (2021)
2021 Utah Code|Title 61 - Securities Division - Real Estate Division|Chapter 1 - Utah Uniform Securities Act|Section 18.3 - Information obtained by division or commission -- Use for personal benefit prohibited -- Disclosure.

61-1-18.3. Information obtained by division or commission -- Use for personal benefit prohibited -- Disclosure.    (1) It is unlawful for an employee of the division or a member of the commission to use for personal benefit any non-public information that is filed with or obtained by the division or commission.     (2) This chapter does not authorize the division, an employee of the division, the commission, or a member of the commission to disclose information described in Subsection (1), except among themselves or when necessary or appropriate in a proceeding or investigation under this chapter.     (3) No provision of this chapter either creates or derogates from a privilege that exists at common law or otherwise when documentary or other evidence is sought under subpoena directed to:   (a) the division;     (b) the commission;     (c) a member of the commission; or     (d) an employee of the division.      Amended by Chapter 351, 2009 General Session
UT Code § 61-1-18.4 (2021)
2021 Utah Code|Title 61 - Securities Division - Real Estate Division|Chapter 1 - Utah Uniform Securities Act|Section 18.4 - Fees collected by division.

61-1-18.4. Fees collected by division.  The Division of Securities shall establish, charge, and collect fees pursuant to Section 63J-1-504, except when it can be demonstrated that the fee amount should be based on factors other than cost, for the following:   (1) the fair and reasonable cost of any examination, audit, or investigation authorized or required by this chapter or other state law;     (2) certificate of serving and mailing process served upon the division in any action or proceeding commenced or prosecuted in this state against any person who has appointed the division its agent as provided in Subsection 61-1-26(7); and     (3) copies and authentication of all papers, publications, data, and other records available to the public or issued under the division's authority.    Amended by Chapter 183, 2009 General Session