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Current as of January 01, 2025 | Updated by Findlaw Staff
(1) A broker-dealer or an investment adviser may delay a disbursement or transaction from an eligible adult's account or from an account on which the eligible adult is a beneficiary, if the broker-dealer or investment adviser:
(a) suspects that the disbursement or transaction may result in the financial exploitation of an eligible adult;
(b) initiates an internal review of the disbursement or transaction and the suspected financial exploitation of an eligible adult;
(c) after initiating the internal review, reasonably believes that the disbursement or transaction may result in the financial exploitation of an eligible adult;
(d) within two business days after the day on which the disbursement or transaction is delayed, provides written notification of the delay and the reason for the delay to:
(i) each party authorized to transact business on the account, unless the party is reasonably believed to have engaged in suspected or attempted financial exploitation of the eligible adult;
(ii) the division; and
(iii) Adult Protective Services;
(e) continues the broker-dealer's or investment adviser's internal review of the suspected or attempted financial exploitation of the eligible adult, as necessary; and
(f) upon request, provides a timely report on the status and results of the internal review to the division or Adult Protective Services.
(2) Except as provided in Subsection (3), a delay of a disbursement or transaction under Subsection (1) expires the earlier of:
(a) the day on which the broker-dealer or investment adviser determines that the disbursement or transaction will not result in the financial exploitation of an eligible adult; or
(b) 15 business days after the day on which the broker-dealer or investment adviser initially delayed the disbursement or transaction.
(3) If an internal review described in Subsection (1) supports a reasonable belief that a person has engaged in or attempted to engage in the financial exploitation of an eligible adult, the division or Adult Protective Services may extend the delay of the disbursement or transaction under Subsection (1) as reasonably necessary.
(4) A court of competent jurisdiction may enter an order terminating or extending a delay under this section or granting other protective relief.
Cite this article: FindLaw.com - Utah Code Title 61. Securities Division--Real Estate Division § 61-1-204. Delaying disbursements or transactions - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-61-securities-division-real-estate-division/ut-code-sect-61-1-204/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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