reglab/statecodes huggingface dataset:
2023 Utah Code › Title 31A - Insurance Code › Chapter 3 - Department Funding, Fees, and Taxes › Part 1 - Funding the Insurance Department › Section 102 - Exclusive fees and taxes.

Effective 5/12/2020
31A-3-102.
Exclusive fees and taxes.
(1) The following are in place of any other license fee or license assessment that might otherwise be levied against a licensee by the state or a political subdivision of the state:
(a) subject to Subsection (4), taxes and fees under this chapter;
(b) the premium taxes under Title 59, Chapter 9, Taxation of Admitted Insurers;
(c) the fees under Section 31A-31-108; and
(d) the examination costs under Section 31A-2-205.
(2) The following are not subject to Title 59, Chapter 7, Corporate Franchise and Income Taxes:
(a) an insurer that is subject to premium taxes under Title 59, Chapter 9, Taxation of Admitted Insurers, regardless of whether the insurance company has a tax liability under that chapter;
(b) an insurance company that engages in a transaction that is subject to taxes under Section 31A-3-301 or 31A-3-302, regardless of whether the insurance company has a tax liability under that section; and
(c) a captive insurance company as provided in Section 31A-3-304 that pays a fee imposed under Section 31A-3-304.
(3) Unless otherwise exempt, a licensee under this title is subject to real and personal property taxes.
(4) A tax or fee under this chapter is not in place of a tax or fee a municipality or county imposes in accordance with Section 10-1-203 or 17-53-216.
Amended by Chapter 127, 2020 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 3 - Department Funding, Fees, and Taxes › Part 1 - Funding the Insurance Department › Section 103 - Fees.

31A-3-103.
Fees.
(1) For purposes of this section, "services" means functions that are reasonable and necessary to enable the commissioner to perform the duties imposed by this title including:
(a) issuing or renewing a license or certificate of authority;
(b) filing a policy form;
(c) reporting a producer appointment or termination; and
(d) filing an annual statement.
(2) Except as otherwise provided by this title:
(a) the commissioner may set and collect a fee for services provided by the commissioner;
(b) a fee related to the renewal of a license may be imposed no more frequently than once each year; and
(c) a fee charged by the commissioner shall be set in accordance with Section 63J-1-504.
(3)
(a) The commissioner shall publish a schedule of fees established pursuant to this section.
(b) The commissioner shall, by rule, establish the deadlines for payment of a fee established pursuant to this section.
(4)
(a) Beginning July 1, 2011, there is created in the General Fund a restricted account known as the "Insurance Department Restricted Account."
(b) Except as provided in Subsection (4)(c), the Insurance Department Restricted Account shall consist of:
(i) fees authorized by this section; and
(ii) other money received by the department, including:
(A) reimbursements for examination costs incurred by the department; and
(B) forfeitures collected under this title.
(c) The department shall deposit money it receives that is subject to a restricted account or enterprise fund created by this title into the restricted account or enterprise fund in accordance with the statute creating the restricted account or enterprise fund, and the department may not deposit the money into the Insurance Department Restricted Account.
(d) Subject to appropriation by the Legislature, the department may expend money in the Insurance Department Restricted Account to fund the operations of the department.
(e) At the end of each fiscal year, the director of the Division of Finance shall transfer into the General Fund any money deposited into the Insurance Department Restricted Account under Subsection (4)(b) that exceeds the legislative appropriations from the Insurance Department Restricted Account for that year.
Amended by Chapter 284, 2011 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 3 - Department Funding, Fees, and Taxes › Part 1 - Funding the Insurance Department › Section 104 - Technology fees -- Restricted account.

31A-3-104.
Technology fees -- Restricted account.
(1) The commissioner may impose a fee for requests for information:
(a) that is obtained from an electronic database of the commissioner; or
(b) derived from data that is generated by electronic means.
(2) In addition to any fee authorized in this title, the commissioner shall impose a supplemental fee on the issuance or renewal of any of the following issued by the department:
(a) a license;
(b) a registration; or
(c) a certificate of authority.
(3) A fee imposed under this section shall be:
(a) established in accordance with Section 31A-3-103; and
(b) deposited into the Technology Development Restricted Account.
(4)
(a) There is created in the General Fund a restricted account known as the "Technology Development Restricted Account."
(b) The Technology Development Restricted Account shall consist of the fees imposed by the commissioner in accordance with this section.
(c) The commissioner shall administer the Technology Development Restricted Account. Subject to appropriations by the Legislature, the commissioner shall use the money deposited into the Technology Development Restricted Account to provide services through use of electronic commerce or other similar technology.
(d) An appropriation from the Technology Development Restricted Account is nonlapsing.
Amended by Chapter 10, 2010 General Session
Amended by Chapter 265, 2010 General Session, (Coordination Clause)
2023 Utah Code › Title 31A - Insurance Code › Chapter 3 - Department Funding, Fees, and Taxes › Part 1 - Funding the Insurance Department › Section 105 - Criminal Background Check Restricted Account.

31A-3-105.
Criminal Background Check Restricted Account.
(1) There is created in the General Fund a restricted account known as the "Criminal Background Check Restricted Account."
(2) The Criminal Background Check Restricted Account shall consist of the fees imposed by the commissioner in accordance with:
(a) Subsection 31A-16-103(3);
(b) Subsection 31A-23a-105(3);
(c) Subsection 31A-25-203(3); and
(d) Subsection 31A-26-203(3).
(3) The commissioner shall administer the Criminal Background Check Restricted Account. Subject to appropriations by the Legislature, the commissioner shall use the money deposited into the Criminal Background Check Restricted Account to pay the costs the department is required to pay related to obtaining criminal background information in accordance with the provisions listed in Subsection (2)(a).
(4) An appropriation from the Criminal Background Check Restricted Account is nonlapsing.
Enacted by Chapter 10, 2010 General Session
Amended by Chapter 265, 2010 General Session, (Coordination Clause)
2023 Utah Code › Title 31A - Insurance Code › Chapter 3 - Department Funding, Fees, and Taxes › Part 1 - Funding the Insurance Department › Section 205 - Taxation of insurance companies.

Effective 5/9/2017
31A-3-205.
Taxation of insurance companies.
(1) An admitted insurer shall pay to the State Tax Commission taxes imposed on the admitted insurer by Title 59, Revenue and Taxation.
(2) A surplus lines insurer shall pay the taxes due under Section 31A-3-301 or 31A-3-302 in accordance with Section 31A-3-303.
Amended by Chapter 168, 2017 General Session
2023 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 301 - Tax imposed on surplus lines insurance transactions.

31A-3-301.
Tax imposed on surplus lines insurance transactions.
(1)
(a) An insurance transaction under Section 31A-15-103 is subject to a tax of 4-1/4% of gross premiums, less 4-1/4% of return premiums paid to insureds by reason of policy cancellations or premium reductions.
(b) "Gross premium," for a surplus lines insurance transaction, means the monetary consideration for an insurance policy including the fees charged to the insured, however designated.
(2) The tax imposed by this section does not apply to:
(a) ocean marine insurance;
(b) insurance premiums paid by institutions within the state system of higher education as specified in Section 53B-1-102; or
(c) annuities.
(3) The department shall deposit a tax imposed by this section in the General Fund.
(4)
(a) A county, city, or municipality within the state may not impose an occupation tax or other tax or fee on a surplus lines insurance transaction.
(b) Notwithstanding Subsection (4)(a), an insurer, producer, or policyholder may be subject to other taxes not described in Subsection (4)(a).
Amended by Chapter 275, 2011 General Session
2023 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
2023 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
2023 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 5/3/2023
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;
(ii) for fiscal year 2019-2020 and subsequent fiscal years, in excess of $1,450,000; and
(iii) for fiscal year 2023-2024 and subsequent fiscal years, in excess of $1,650,000.
Amended by Chapter 194, 2023 General Session
2023 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
2023 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
2023 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
2023 Utah Code › Title 31A - Insurance Code › Chapter 4 - Insurers in General › Section 101 - Solicitation permit.

31A-4-101.
Solicitation permit.
(1) No person may advertise for or solicit or receive any funds, subscriptions for securities, or membership fees, dues, or contributions in Utah or from any person present in Utah for the purpose of forming or financing the formation or enlargement of an insurer, holding company to form or acquire one or more insurers, or any corporation or unincorporated association to do or facilitate the doing of an insurance business in Utah or elsewhere, unless the person has obtained the appropriate organization or solicitation permit under Chapter 5, Domestic Stock and Mutual Insurance Corporations, Chapter 6a, Service Contracts, Chapter 7, Nonprofit Health Service Insurance Corporations, Chapter 8, Health Maintenance Organizations and Limited Health Plans, or Chapter 9, Insurance Fraternals, and filed any required statement under Chapter 16, Insurance Holding Companies.
(2) Any person obtaining the appropriate organization or solicitation permit under this code is exempt from compliance with Title 61, Securities Division - Real Estate Division.
Amended by Chapter 340, 2011 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 4 - Insurers in General › Section 102 - Qualified insurers.

Effective 5/13/2014
31A-4-102.
Qualified insurers.
(1) A person may not conduct an insurance business in Utah in person, through an agent, through a broker, through the mail, or through another method of communication, except:
(a) an insurer:
(i) authorized to do business in Utah under:
(A)Chapter 5, Domestic Stock and Mutual Insurance Corporations;
(B)Chapter 7, Nonprofit Health Service Insurance Corporations;
(C)Chapter 8, Health Maintenance Organizations and Limited Health Plans;
(D)Chapter 9, Insurance Fraternals;
(E)Chapter 10, Annuities;
(F)Chapter 11, Motor Clubs;
(G)Chapter 14, Foreign Insurers;
(H)Chapter 37, Captive Insurance Companies Act; or
(I)Chapter 37a, Special Purpose Financial Captive Insurance Company Act; and
(ii) within the limits of its certificate of authority;
(b) a joint underwriting group under Section 31A-2-214 or 31A-20-102;
(c) an insurer doing business under Section 31A-15-103;
(d) a person who submits to the commissioner a certificate from the United States Department of Labor, or such other evidence as satisfies the commissioner, that the laws of Utah are preempted with respect to specified activities of that person by Section 514 of the Employee Retirement Income Security Act of 1974 or other federal law; or
(e) a person exempt from this title under Section 31A-1-103 or another applicable statute.
(2) As used in this section, "insurer" includes a bail bond surety company, as defined in Section 31A-35-102.
Amended by Chapter 290, 2014 General Session
Amended by Chapter 300, 2014 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 4 - Insurers in General › Section 104 - Bar on local activity by persons not authorized.

31A-4-104.
Bar on local activity by persons not authorized.
A person not qualified under Section 31A-4-102 to do an insurance business may not, from offices or by personnel or facilities located in Utah, solicit insurance applications or transact insurance business in another jurisdiction.
Enacted by Chapter 242, 1985 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 4 - Insurers in General › Section 105 - Deposit required from domestic insurers.

31A-4-105.
Deposit required from domestic insurers.
Domestic insurers organized or operating under Chapter 5, Domestic Stock and Mutual Insurance Corporations, Chapter 7, Nonprofit Health Service Insurance Corporations, or Chapter 9, Insurance Fraternals, shall maintain a deposit under Section 31A-2-206 in the amount of the insurer's required capital for stock insurers, or minimum permanent surplus for mutuals. The commissioner may not issue a certificate of authority to an insurer operating under one of these chapters until the insurer complies with this section.
Amended by Chapter 20, 1995 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 4 - Insurers in General › Section 105.5 - Deposit required from foreign insurers.

31A-4-105.5.
Deposit required from foreign insurers.
(1)
(a) Foreign insurers operating under Chapter 14, Foreign Insurers, shall maintain a deposit in the amount of the insurer's minimum required capital for stock insurers, or minimum required permanent surplus for mutual insurers.
(b) The deposit shall be held for the benefit of all policyholders and may be maintained with an official of some other state designated by law to accept the deposit.
(2) The commissioner may not issue or renew a certificate of authority to an insurer until the insurer complies with this section.
Enacted by Chapter 316, 1994 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 4 - Insurers in General › Section 106.5 - Medical retainer agreements.

31A-4-106.5.
Medical retainer agreements.
(1) For purposes of this section:
(a) "Medical retainer agreement" means a written contract:
(i) between:
(A) except as provided in Subsection (1)(b)(iii)(B), a natural person or a professional corporation, alone or with others professionally associated with the natural person or professional corporation; and
(B) an individual patient or a patient's representative; and
(ii) in which:
(A) the person described in Subsection (1)(a)(i)(A) agrees to provide routine health care services to the individual patient for an agreed upon fee and period of time; and
(B) either party to the contract may terminate the agreement upon written notice to the other party.
(b) "Routine health care services" include:
(i) screening, assessment, diagnosis, and treatment for the purpose of promotion of health, and detection and management of disease or injury;
(ii) supplies and prescription drugs that are dispensed in a health care provider's office; and
(iii) laboratory work, such as routine blood screening or routine pathology screening performed by a laboratory that:
(A) is associated with the health care provider entering into the medical retainer agreement; or
(B) if not associated with the health care provider, has entered into an agreement with the health care provider to provide the laboratory work without charging a fee to the patient for the laboratory work.
(2) A medical retainer agreement exempt from the provisions of Subsection 31A-4-106(2) shall:
(a) describe the specific routine health care services that are included in the contract;
(b) prominently state in writing that the retainer agreement is not health insurance; and
(c) prohibit the health care provider, but not the patient, from billing an insurer for the services provided under the medical retainer agreement.
Enacted by Chapter 50, 2012 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 4 - Insurers in General › Section 107 - Other business.

31A-4-107.
Other business.
(1) As used in this section, "business reasonably incidental to insurance business" includes:
(a) in the case of an insurer authorized to transact title insurance:
(i) preparing or selling abstracts of title and related documents; and
(ii) providing escrow services in connection with real estate transactions, or other services incidental to the sale or transfer of insurance related to the sale or transfer of real property, except the sale of other kinds of insurance related to the sale or transfer of real property; and
(b) the business that could be done through subsidiaries authorized under Subsection 31A-5-218(3) or, in the case of a nondomestic insurer, through corporations that would be authorized under Subsection 31A-5-218(3) if the insurer were a domestic insurer.
(2) No domestic insurer may engage, directly or indirectly, in any business other than insurance and business reasonably incidental to its insurance business, except as specifically authorized by Section 31A-5-218 or other law in this state.
(3) No nondomestic insurer may engage in this state in any business forbidden to a domestic insurer, nor may the insurer engage in that type of business elsewhere if the commissioner orders the nondomestic insurer to cease doing that type of business upon finding that doing that business is not consistent with the interests of its insureds, creditors, or the public in this state.
Amended by Chapter 308, 2002 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 4 - Insurers in General › Section 107.5 - Penalty for failure of a regulated health insurance entity to fulfill duties related to state claims for Medicaid payment or recovery.

Effective 5/3/2023
31A-4-107.5.
Penalty for failure of a regulated health insurance entity to fulfill duties related to state claims for Medicaid payment or recovery.
(1) For purposes of this section, "regulated health insurance entity" means a health insurance entity, as defined in Section 26B-3-1001, that is subject to regulation by the department.
(2) If a regulated health insurance entity fails to comply with the provisions of Section 26B-3-1004:
(a) the commissioner may revoke or suspend, in whole or in part, a license, certificate of authority, registration, or other authority that is granted by the commissioner to the regulated health insurance entity; and
(b) the regulated health insurance entity is subject to the penalties and procedures provided for in Section 31A-2-308.
Amended by Chapter 327, 2023 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 4 - Insurers in General › Section 108 - Power to hold property in other than own name.

31A-4-108.
Power to hold property in other than own name.
(1) An insurer shall hold all investments and deposits of its funds in its own name except:
(a) securities:
(i) kept under a custodial agreement or trust arrangement with one of the following approved by the commissioner:
(A) a bank;
(B) a securities firm's trust company;
(C) a trust company; or
(D) a brokerage firm; and
(ii) that may be issued in the name of a nominee of the:
(A) bank;
(B) securities firm's trust company;
(C) trust company; or
(D) brokerage firm; and
(b) securities that may be acquired and held in bearer form.
(2) An insurer shall take steps which the commissioner reasonably prescribes by rule or order to:
(a) safeguard the securities described in Subsection (1); and
(b) ensure that the securities are not loaned to other insurers, affiliated or not, to mislead the commissioner about the true financial condition of either the lending or the borrowing insurer.
(3)
(a) If the department finds that an insurer is in violation of this section, the insurer is subject to:
(i) a fine;
(ii) suspension of a license;
(iii) revocation of a license;
(iv) another penalty permitted by Section 31A-2-308; or
(v) any combination of Subsections (3)(a)(i) through (iv).
(b) An insurer may not provide for the custody of the insurer's securities except as granted by this section.
(c) Securities of an insurer kept under a custodial agreement or trust arrangement in violation of this section shall be disregarded in:
(i) determining the financial condition of the insurer; or
(ii) reporting the financial condition of the insurer.
Amended by Chapter 176, 2006 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 4 - Insurers in General › Section 109 - Insurers as fundholders.

31A-4-109.
Insurers as fundholders.
All of an insurer's assets shall be held, invested, and disbursed for the use and benefit of the insurer. No policyholder, member, or beneficiary may have or acquire individual rights in these assets or become entitled to an apportionment or the surrender of any part of these assets, except as provided in this title or by contract. An insurer may create, maintain, invest, disburse, and apply any special funds necessary to carry out any purpose permitted by the laws of this state and the articles and bylaws of the insurer.
Amended by Chapter 204, 1986 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 4 - Insurers in General › Section 110 - Duty of insurers to report abandoned property.

Effective 5/9/2017
31A-4-110.
Duty of insurers to report abandoned property.
All insurers doing business in Utah shall report under Section 67-4a-401 any property presumed abandoned under Title 67, Chapter 4a, Part 2, Presumption of Abandonment.
Amended by Chapter 371, 2017 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 4 - Insurers in General › Section 111 - Authority to insure with certain insurers.

31A-4-111.
Authority to insure with certain insurers.
A person, government, governmental agency, state, political subdivision of the state, public or private corporation, board, association, estate, trustee, or fiduciary may purchase nonassessable policies of insurance issued by an insurer under Chapter 5, Domestic Stock and Mutual Insurance Corporations, Chapter 7, Nonprofit Health Service Insurance Corporations, Chapter 8, Health Maintenance Organizations and Limited Health Plans, or Chapter 14, Foreign Insurers, which is authorized to write that type of insurance under this code. These authorized insurers may issue that type of insurance to any of the persons named above.
Amended by Chapter 20, 1995 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 4 - Insurers in General › Section 112 - Political activities.

31A-4-112.
Political activities.
(1)Title 36, Chapter 11, Lobbyist Disclosure and Regulation Act, applies to the lobbying efforts of every person subject to regulation under this title.
(2) Except insurers with excess surplus, an insurer doing business in Utah may not directly or indirectly pay or use, or offer or agree to pay or use any money or thing of value:
(a) for or in aid of any political office;
(b) for the nomination for the political office; or
(c) for reimbursement or indemnification of any person for money or property used to aid any political office.
Amended by Chapter 9, 1996 Special Session 2
Amended by Chapter 9, 1996 Special Session 2
2023 Utah Code › Title 31A - Insurance Code › Chapter 4 - Insurers in General › Section 113 - Annual statements.

31A-4-113.
Annual statements.
(1)
(a) Each authorized insurer shall annually, on or before March 1, file with the commissioner a true statement of the authorized insurer's financial condition, transactions, and affairs as of December 31 of the preceding year.
(b) The statement required by Subsection (1)(a) shall be:
(i) verified by the oaths of at least two of the insurer's principal officers; and
(ii) in the general form and provide the information as prescribed by the commissioner by rule.
(c) The commissioner may, for good cause shown, extend the date for filing the statement required by Subsection (1)(a).
(2) The annual statement of an alien insurer shall:
(a) relate only to the alien insurer's transactions and affairs in the United States unless the commissioner requires otherwise; and
(b) be verified by:
(i) the insurer's United States manager; or
(ii) the insurer's authorized officers.
Amended by Chapter 2, 2004 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 4 - Insurers in General › Section 113.5 - Filing requirements -- National Association of Insurance Commissioners.

Effective 5/3/2023
31A-4-113.5.
Filing requirements -- National Association of Insurance Commissioners.
(1)
(a) Each domestic, foreign, and alien insurer who is authorized to transact insurance business in this state shall annually file with the NAIC a copy of the insurer's:
(i) annual statement convention blank on or before March 1;
(ii) market conduct annual statements:
(A) on or before April 30, for all lines of business except health; and
(B) on or before June 30, for the health line of business; and
(iii) any additional filings required by the commissioner for the preceding year.
(b)
(i) The information filed with the NAIC under Subsection (1)(a)(i) shall:
(A) be prepared in accordance with the NAIC's:
(I) annual statement instructions; and
(II) Accounting Practices and Procedures Manual; and
(B) include:
(I) the signed jurat page; and
(II) the actuarial certification.
(ii) An insurer shall file with the NAIC amendments and addenda to information filed with the commissioner under Subsection (1)(a)(i).
(c) The information filed with the NAIC under Subsection (1)(a)(ii) shall be prepared in accordance with the NAIC's Market Conduct Annual Statement Industry User Guide.
(d) At the time an insurer makes a filing under this Subsection (1), the insurer shall pay any filing fees assessed by the NAIC.
(e) A foreign insurer that is domiciled in a state that has a law substantially similar to this section shall be considered to be in compliance with this section.
(2) All financial analysis ratios and examination synopses concerning insurance companies that are submitted to the department by the Insurance Regulatory Information System are confidential and may not be disclosed by the department.
(3) The commissioner may suspend, revoke, or refuse to renew the certificate of authority of any insurer failing to:
(a) submit the filings under Subsection (1)(a) when due or within any extension of time granted for good cause by:
(i) the commissioner; or
(ii) the NAIC; or
(b) pay by the time specified in Subsection (3)(a) a fee the insurer is required to pay under this section to:
(i) the commissioner; or
(ii) the NAIC.
Amended by Chapter 194, 2023 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 4 - Insurers in General › Section 114 - Powers of a reciprocal insurer and interinsurance exchange.

31A-4-114.
Powers of a reciprocal insurer and interinsurance exchange.
(1) Every reciprocal insurer or interinsurance exchange may:
(a) purchase, receive, own, hold, and lease its property;
(b) mortgage, pledge, or encumber its property by deed of trust or otherwise; and
(c) manage and sell real property to fulfill its purposes, including:
(i) making investments for the production of income; or
(ii) transacting its business in a convenient manner.
(2) The attorney-in-fact designated by the subscribers of the reciprocal or interinsurance exchange shall execute any contract, which includes deeds, leases, mortgages, deeds of trust, purchase or sale agreements, or any other contract, in the name of the reciprocal insurer or interinsurance exchange.
Enacted by Chapter 327, 1990 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 4 - Insurers in General › Section 116 - Adverse benefit determination procedures.

Effective 1/1/2020
31A-4-116.
Adverse benefit determination procedures.
(1) If an insurer has established a complaint resolution body or grievance appeal board, the body or board shall include at least one consumer representative.
(2) Adverse benefit determination procedures for health insurance policies and health maintenance organization contracts shall be established in accordance Sections 31A-22-629 and 31A-22-650.
Amended by Chapter 439, 2019 General Session
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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