Utah Administrative Code
Topic - Commerce
Title R164 - Securities
Rule R164-2 - Investment Adviser - Unlawful Acts
Section R164-2-3 - Definitions
Universal Citation: UT Admin Code R 164-2-3
Current through Bulletin 2024-18, September 15, 2024
These definitions supplement the definitions set forth in Section 61-1-13:
(1) "Company" means a corporation, partnership, association, joint stock company, trust, or any organized group of persons, whether incorporated or not; or any receiver, trustee in a case under Title 11 of the United States Code or similar official or any liquidating agent for any of the foregoing, in the person's capacity as such. "Company" shall not include:
(a) a company required to be
registered under the Investment Company Act of 1940 that is not so
registered;
(b) a private
investment company defined as an investment company under Section 3(a) of the
Investment Company Act of 1940 but for the exception in Section 3(c)(1) of that
Act;
(c) an investment company
registered under the Investment Company Act of 1940; or
(d) a business development company as defined
in Section 202(a)(22) of the Investment Advisers Act of 1940, unless each
equity owner of the company, other than the investment adviser entering into
the contract, is a natural person or company within the meaning of Subsection
R164-2-3(1).
(2) "Custody" is defined as in Rule 206(4)-2(d)(2) of the Investment Advisers Act of 1940.
(3) "SEC" means the United States Securities and Exchange Commission.
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