R152-26-7. Bonds, Irrevocable Letters of Credit and Certificates of Deposit  


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  • (1) At the option of the registrant, a bond, irrevocable letter of credit or certificate of deposit may be tendered to the division to fulfill the requirements of Section 13-26-3(3)(a).

    (2) Whichever type of instrument is tendered by a registrant, payment is immediately due and owing to the division when:

    (a) the director delivers a signed writing to the registrant's surety or issuing financial institution demanding payment of a specified sum of money; and

    (b) the registrant's liability in the amount specified is demonstrated by a certified copy of the division's final order or the civil judgment of any Utah or federal court, which copy shall be attached to the director's demand for payment.

    (3) The division may make a demand on a bond, irrevocable letter of credit or certificate of deposit either in its own right or as the representative of consumers who have been injured by the registrant's violation of Title 13, Chapter 26.

    (4) Instruments tendered to the division under Section 13-26-3(3)(a) may be executed in any form that the director deems commercially and legally reasonable and consistent with this rule. The division's acceptance of a non-conforming instrument does not result in a waiver of the requirements of this rule.