{"data":{"id":"us-ut/utah-code-13-57-102","jurisdiction":"us-ut","citation":"Utah Code § 13-57-102","heading":"Definitions.","body":"As used in this chapter:\n(1)\n(a) \"Commercial maintenance funding agreement\" means a written agreement:\n(i) whereby a third party agrees to provide funds to a named party affiliated with a legal claim; and\n(ii) that creates a direct or collateralized interest in the proceeds of a legal claim by settlement, verdict, judgment, or otherwise, which interest is based in whole or in part on a funding-based obligation to a legal claim.\n(b) \"Commercial maintenance funding agreement\" does not include:\n(i) a consumer maintenance funding agreement;\n(ii) an agreement between an attorney and a client for the attorney to provide legal services on a contingency-fee basis or to advance the clients legal costs;\n(iii) a health insurance plan or agreement;\n(iv) a repayment agreement with a financial institution if the repayment is not contingent upon the outcome of the legal claim;\n(v) a funding agreement to a nonprofit organization that represents a client on a pro bono basis;\n(vi) an agreement of an assigned claim to prosecute an environmental contamination matter seeking remediation of, or to recover the cost of remediating, a site that has been on the U.S. Environmental Protection Agency's Superfund National Priorities List;\n(vii) an agreement between a health care provider and a patient to provide medical treatment on a lien if the repayment is not contingent on the outcome of the legal claim; or\n(viii) an agreement between a third party and a party to a legal claim to provide funding for medical treatment related to a legal claim on a lien if the repayment is not contingent upon the outcome of the legal claim.\n(2)\n(a) \"Commercial maintenance funding provider\" means a person that enters into a commercial maintenance funding agreement with a party to a legal claim.\n(b) \"Commercial maintenance funding provider\" does not include a nonprofit organization exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code.\n(3) \"Consumer\" means:\n(a) an individual who resides or is domiciled in the state;\n(b) an individual who is a plaintiff with a legal claim in the state; or\n(c) an estate for a decedent in a wrongful death claim in the state.\n(4)\n(a) \"Consumer maintenance funding agreement\" means a non-recourse transaction in which a consumer maintenance funding provider purchases contingent rights to receive an amount of the potential proceeds of a settlement, judgment, award, or verdict obtained in the consumer's legal claim, with funds paid directly to the consumer.\n(b) \"Consumer maintenance funding agreement\" does not include:\n(i) an agreement between a health care provider and a patient for providing medical treatment on a lien basis if repayment is not contingent on the outcome of the legal claim; or\n(ii) an agreement between a third party and a party to a legal claim for providing funds for medical treatment related to the legal claim on a lien basis if repayment is not contingent on the outcome of the legal claim.\n(5)\n(a) \"Consumer maintenance funding provider\" means a person that enters into a consumer maintenance funding agreement with a consumer.\n(b) \"Consumer maintenance funding provider\" does not include:\n(i) an immediate family member of a consumer;\n(ii) an accountant providing accounting services to a consumer;\n(iii) an attorney providing legal services to a consumer; or\n(iv) a bank, lender, financing entity, or other special purpose entity:\n(A) that provides financing to a consumer litigation funding company; or\n(B) to which a consumer litigation funding company grants a security interest or transfers a right or interest in a consumer litigation funding agreement.\n(6) \"Director\" means the director of the division.\n(7) \"Division\" means the Division of Consumer Protection established in Section 13-2-102.\n(8) \"Foreign country or person of concern\" means:\n(a) a foreign government or person listed in 15 C.F.R. Sec. 791.4; or\n(b) an entity designated as a restricted foreign entity in accordance with Section 63L-13-101.\n(9)\n(a) \"Foreign entity of concern\" means a partnership, association, corporation, organization, or other legal entity that:\n(i) is organized or incorporated in a foreign country of concern;\n(ii) is owned or operated by a government, a political subdivision, or a political party of a foreign country of concern;\n(iii) has a principal place of business in a foreign country of concern; or\n(iv) a foreign organization owns, organizes, or controls that:\n(A) is on the federal Office of Foreign Assets Control specially designated nationals and blocked persons list; or\n(B) the United States Secretary of State designates as a foreign terrorist organization.\n(b) \"Foreign entity of concern\" includes an individual that owns, has a controlling interest in, or is a director or senior officer of any entity that falls within Subsection (10)(a).\n(10) \"Health care provider\" means the same as that term is defined in Section 78B-3-403.\n(11) \"Maintenance funding provider\" means a consumer maintenance funding provider or a commercial maintenance funding provider.","path":["Title 13 Commerce and Trade","Chapter 13-57 Maintenance Funding Practices Act","Part 13-57-1 General Provisions"],"source_url":"https://le.utah.gov/xcode/Title13/Chapter57/13-57-S102.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:33Z","sha256":"205cbff301bef0a021e12e04902f95c1133c887822dd7cd36e318d72e1842a3e","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-13-56-302","next":"us-ut/utah-code-13-57-201"},"notice":"GroundRules: Original legal text. Not legal advice."}