§ 7-1-324 — Debt cancellation agreements and debt suspension agreements.

(1) As used in this section:

(1)(a) "Class of depository institution" means a class consisting of:
(1)(a)(i) banks;
(1)(a)(ii) credit unions;
(1)(a)(iii) industrial banks; or
(1)(a)(iv) wholly owned subsidiaries of a depository institution listed in this Subsection (1)(a).
(1)(b) "Debt cancellation agreement" is as defined in Section 31A-21-109.
(1)(c) "Debt suspension agreement" is as defined in Section 31A-21-109.
(2) Subject to the other provisions of this section, the commissioner may by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:

(2)(a) authorize any member of a class of depository institution that is subject to the jurisdiction of the department to issue:
(2)(a)(i) a debt cancellation agreement; or
(2)(a)(ii) a debt suspension agreement; and
(2)(b) regulate the issuance of a debt cancellation agreement or a debt suspension agreement issued in this state by a member of a class of depository institution.
(3) (3)(a) Any rule adopted by the commissioner under this section as applied to a class of depository institution shall be substantially similar to any federal regulation applying to the same class of depository institution.
(3)(b) Any rule adopted by the commissioner applicable to a class of depository institution described in this Subsection (3)(b) shall be substantially similar to any federal regulation applicable to a bank if no federal regulation authorizes or regulates the issuance of a debt cancellation agreement or debt suspension agreement for that class of depository institution.
(4) (4)(a) An out-of-state depository institution may issue a debt cancellation agreement or debt suspension agreement in this state if:
(4)(a)(i) the home state of the out-of-state depository institution authorizes and regulates the issuance of a debt cancellation agreement or debt suspension agreement by the out-of-state depository institution; and
(4)(a)(ii) subject to Subsection (4)(b), the out-of-state depository institution complies with regulations from the out-of-state depository institution's home state that regulate the issuance of a debt cancellation agreement or a debt suspension agreement.
(4)(b) Notwithstanding Subsection (4)(a), an out-of-state depository institution described in Subsection (4)(a) shall comply with rules adopted by the commissioner under this section that regulate the issuance of a debt cancellation agreement or a debt suspension agreement in this state by the class of depository institution to which the out-of-state depository institution belongs if the regulations of the out-of-state depository institution's home state do not provide at least the same level of protection with respect to a debt cancellation agreement or debt suspension agreement as the rules adopted by the commissioner under this section with respect to the same class of depository institution:
(4)(b)(i) for the safety and soundness of the depository institution; and
(4)(b)(ii) for consumer protections for the borrowers of the depository institution.

Legislative History

Amended by Chapter 73, 2013 General Session