31A-27a-804 - Disposition of records during and after termination of liquidation. - Utah Statutes

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Statutes > Utah > Title-31a > Chapter-27a > 31a-27a-804

31A-27a-804. Disposition of records during and after termination of liquidation.
(1) Whenever it appears to the receiver that records of the insurer in receivership are nolonger useful, the receiver may recommend to the receivership court, and the receivership courtshall direct what records shall be destroyed.
(2) (a) If the receiver determines that records should be maintained after the closing ofthe delinquency proceeding, the receiver may reserve property from the receivership estate for themaintenance of the records.
(b) Any amounts retained under this Subsection (2) are an administrative expense of theestate under Subsection 31A-27a-701(2)(a).
(c) Any records retained pursuant to this Subsection (2) shall be transferred to thecustody of the commissioner, and the commissioner may retain or dispose of the records asappropriate, at the commissioner's discretion.
(d) Records of a delinquent insurer that are transferred to the commissioner:
(i) may not be considered a record of the department for any purpose; and
(ii) are not subject to Title 63G, Chapter 2, Government Records Access andManagement Act.

Amended by Chapter 382, 2008 General Session

State Codes and Statutes

Statutes > Utah > Title-31a > Chapter-27a > 31a-27a-804

31A-27a-804. Disposition of records during and after termination of liquidation.
(1) Whenever it appears to the receiver that records of the insurer in receivership are nolonger useful, the receiver may recommend to the receivership court, and the receivership courtshall direct what records shall be destroyed.
(2) (a) If the receiver determines that records should be maintained after the closing ofthe delinquency proceeding, the receiver may reserve property from the receivership estate for themaintenance of the records.
(b) Any amounts retained under this Subsection (2) are an administrative expense of theestate under Subsection 31A-27a-701(2)(a).
(c) Any records retained pursuant to this Subsection (2) shall be transferred to thecustody of the commissioner, and the commissioner may retain or dispose of the records asappropriate, at the commissioner's discretion.
(d) Records of a delinquent insurer that are transferred to the commissioner:
(i) may not be considered a record of the department for any purpose; and
(ii) are not subject to Title 63G, Chapter 2, Government Records Access andManagement Act.

Amended by Chapter 382, 2008 General Session

State Codes and Statutes

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State Codes and Statutes

Statutes > Utah > Title-31a > Chapter-27a > 31a-27a-804

31A-27a-804. Disposition of records during and after termination of liquidation.
(1) Whenever it appears to the receiver that records of the insurer in receivership are nolonger useful, the receiver may recommend to the receivership court, and the receivership courtshall direct what records shall be destroyed.
(2) (a) If the receiver determines that records should be maintained after the closing ofthe delinquency proceeding, the receiver may reserve property from the receivership estate for themaintenance of the records.
(b) Any amounts retained under this Subsection (2) are an administrative expense of theestate under Subsection 31A-27a-701(2)(a).
(c) Any records retained pursuant to this Subsection (2) shall be transferred to thecustody of the commissioner, and the commissioner may retain or dispose of the records asappropriate, at the commissioner's discretion.
(d) Records of a delinquent insurer that are transferred to the commissioner:
(i) may not be considered a record of the department for any purpose; and
(ii) are not subject to Title 63G, Chapter 2, Government Records Access andManagement Act.

Amended by Chapter 382, 2008 General Session