Utah Administrative Code
The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).
NOTE: For a list of rules that have been made effective since January 1, 2020, please see the codification segue page.
NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.
R339. Financial Institutions, Industrial Loan Corporations.
Rule R339-11. Discount Securities Brokerage Service by Industrial Loan Corporations.
As in effect on January 1, 2020
Table of Contents
- R339-11-1. Authority, Scope, and Purpose.
- R339-11-2. Definitions.
- R339-11-3. Discount Brokerage Services.
- Date of Enactment or Last Substantive Amendment
- Notice of Continuation
- Authorizing, Implemented, or Interpreted Law
(1) This rule is issued pursuant to Subsection 7-1-301(3).
(2) This rule governs the type of securities brokerage service industrial loan corporations may offer.
(3) The purpose of this rule is to allow securities activities limited to "discount brokerage" services by industrial loan corporations, similar to the discount brokerage services allowed state chartered banks.
"Discount brokerage" is the practice of executing securities transactions solely at the direction of an industrial loan customer but not providing that customer with any investment advice.
An industrial loan corporation may enter into a contractual arrangement with unrelated discount brokers where the broker executes securities transactions for industrial loan corporation customers and the industrial loan corporation shares the commissions generated by the transaction. This service is restricted as outlined below:
(1) The industrial loan corporation clearly acts solely at the customer's direction;
(2) The transactions are for the account of the customer and not the account of the industrial loan corporation;
(3) The transactions are without recourse;
(4) The industrial loan corporation makes no warranty as to the performance or quality of any security;
(5) The industrial loan corporation does not advise customers to make any particular investment;
(6) The industrial loan corporation's promotional material clearly explains the industrial loan corporation's limited role in the service; and
(7) The industrial loan corporation's promotional material clearly explains that the transactions are not federally insured.
December 2, 1997
September 28, 2017
For questions regarding the content or application of rules under Title R339, please contact the promulgating agency (Financial Institutions, Industrial Loan Corporations). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.