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2019 Utah Code
Title 7 - Financial Institutions Act
Chapter 2 - Possession of Depository Institution by Commissioner
Section 2 - Jurisdiction of district court -- Supervision of actions of commissioner in possession -- Authority of commissioner and court.
Universal Citation: UT Code § 7-2-2 (2019)
Effective 5/13/2014
7-2-2. Jurisdiction of district court -- Supervision of actions of commissioner in possession -- Authority of commissioner and court.
Amended by Chapter 189, 2014 General Session
7-2-2. Jurisdiction of district court -- Supervision of actions of commissioner in possession -- Authority of commissioner and court.
- (1) The district court for the county in which the principal office of the institution or other person is situated has jurisdiction in the liquidation or reorganization of the institution or other person of which the commissioner has taken possession under this chapter or Chapter 19, Acquisition of Failing Depository Institutions or Holding Companies. As used in this chapter, "court" means the court given jurisdiction by this provision.
- (2) Before taking possession of an institution or other person under his jurisdiction, or within a reasonable time after taking possession of an institution or other person without court order, as provided in this chapter, the commissioner shall cause to be commenced in the appropriate district court, an action to provide the court supervisory jurisdiction to review the actions of the commissioner.
- (3) The actions of the commissioner are subject to review of the court. The court has jurisdiction to hear all objections to the actions of the commissioner and may rule upon all motions and actions coming before it. Standing to seek review of any action of the commissioner or any receiver or liquidator appointed by him is limited to persons whose rights, claims, or interests in the institution would be adversely affected by the action.
- (4) The authority of the commissioner under this chapter is of an administrative and not judicial receivership. The court may not overrule a determination or decision of the commissioner if it is not arbitrary, capricious, fraudulent, or contrary to law. If the court overrules an action of the commissioner, the matter shall be remanded to the commissioner for a new determination by him, and the new determination shall be subject to court review.
Amended by Chapter 189, 2014 General Session
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