70C-1-202 - Exempted transactions. - Utah Statutes

70C-1-202. Exempted transactions.
(1) Notwithstanding the exceptions in Subsection (2), parties to a credit transaction thatis otherwise exempt from this title may explicitly agree in writing that the transaction is subjectto this title. The agreement shall specifically reference Title 70C, Utah Consumer Credit Code.
(2) This title does not apply to any of the following:
(a) any extension of credit:
(i) primarily for business, commercial, or agricultural purposes; or
(ii) to other than a natural person including government agencies or instrumentalities;
(b) any closed-end extension of credit secured by a first lien or equivalent securityinterest on a dwelling or building lot;
(c) any transaction in securities or commodities accounts in which credit is extended by abroker-dealer registered with the:
(i) Securities and Exchange Commission; or
(ii) Commodity Futures Trading Commission;
(d) any extension of credit:
(i) not secured by:
(A) real property; or
(B) personal property used or expected to be used as the principal dwelling of theconsumer; and
(ii) (A) in which the amount financed exceeds $25,000; or
(B) in which there is an express written commitment to extend credit in excess of$25,000;
(e) any transaction under public utility or common carrier tariffs if a subdivision of thisstate or the United States regulates:
(i) the charges for the services involved;
(ii) the charges for delayed payment; and
(iii) any discount allowed for early payment;
(f) any sale of insurance by an insurer except as otherwise provided in Chapter 6,Insurance;
(g) any transaction with a party acting as a pawnbroker and licensed by any governmentalauthority in this state;
(h) (i) a loan made, insured, or guaranteed pursuant to a program authorized by Title IVof the Higher Education Act of 1965, 20 U.S.C. Sections 1070, et seq.; or
(ii) a loan:
(A) that finances tuition and other expenses:
(I) charged in connection with enrollment:
(Aa) at a public or proprietary preprimary, secondary, vocational, or postsecondaryschool; or
(Bb) in any tutorial, continuing education, test preparation, distance-learning, or similarprogram; and
(II) including:
(Aa) tuition;
(Bb) fees;
(Cc) books;
(Dd) housing; and

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(Ee) other expenses;
(B) that is:
(I) made, insured, or guaranteed under a state program; or
(II) made by a federally insured depository institution; and
(C) including a loan that consolidates or refinances a loan described in this Subsection(2)(h)(ii); and
(i) a rental purchase agreement as defined in Section 15-8-3.

Amended by Chapter 161, 2006 General Session