Utah Admin. Code R331-22-2 - Definitions
(1) "Financial
institutions" means "financial institutions" as defined in Section
7-1-103(10).
(2) "Financial record" means an original of,
a copy of, or information known to have been derived from, any record held by a
financial institution pertaining to a customer's relationship with the
financial institution.
(3) "Party"
shall mean an individual, corporation, partnership, trust, association, joint
venture, pool, syndicate, sole proprietorship, unincorporated organization or
any form of business entity. Party also includes any authorized representative
of that party who utilized or is utilizing any service of a financial
institution, or for whom a financial institution is acting or has acted as a
fiduciary, in relation to an account maintained in the party's name.
(4) "Direct incurred costs" means costs
incurred solely and necessarily as a consequence of searching for, reproducing
or transporting books, papers, records, or other data in order to comply with
legal process or a formal written request or a party's authorization to produce
a party's financial records. The term does not include any allocation of fixed
costs including overhead, equipment, and depreciation. If a financial
institution has financial records that are stored in an independent storage
facility that charges a fee to search for, reproduce, or transport particular
records requested, these costs are considered to be directly incurred by the
financial institution.
Notes
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