{"data":{"id":"us-ut/utah-code-31a-23a-1003","jurisdiction":"us-ut","citation":"Utah Code § 31A-23a-1003","heading":"Affiliated business arrangements.","body":"(1) An affiliated business arrangement between a person and a title entity violates Section 8 of RESPA for purposes of state law if:\n(a) the title entity does not have sufficient capital and net worth in a reserve account in the title entity's name; or\n(b) more than 70% of the title entity's annual title insurance business is affiliated business on or after the later of:\n(i) two years after the title entity begins an affiliated business arrangement; or\n(ii) June 1, 2021.\n(2) In addition to Subsection (1), the division may find that an affiliated business arrangement between a person and a title entity violates Section 8 of RESPA after evaluating and weighing the following factors in light of the specific facts before the division:\n(a) whether the title entity:\n(i) is staffed with the title entity's own employees to conduct title insurance business;\n(ii) manages the title entity's own business affairs;\n(iii) has a physical office for business that is separate from any producer's or associate's office and pays market rent;\n(iv) provides the essential functions of title insurance business for a fee, including incurring the risks and receiving the rewards of any comparable title entity; and\n(v) performs the essential functions of title insurance business itself;\n(b) if the title entity contracts with another person to perform a portion of the title entity's title insurance business, whether the contract:\n(i) is with an independent third party; and\n(ii) provides payment for the services that bears a reasonable relationship to the value of the services or goods received; and\n(c) whether the person from whom the title entity receives referrals under the affiliated business arrangement also sends title insurance business to other title entities.","path":["Title 31A Insurance Code","Chapter 31A-23a Insurance Marketing - Licensing Producers, Consultants, and Reinsurance Intermediaries","Part 31A-23a-10 Affiliated Business in Title Insurance"],"source_url":"https://le.utah.gov/xcode/Title31A/Chapter23a/31A-23a-S1003.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:33Z","sha256":"38325a079aedc02afb2193255c8a3e44eb5d424f6ec3cba90b50115a53e5e62e","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-31a-23a-1002","next":"us-ut/utah-code-31a-23a-1004"},"notice":"GroundRules: Original legal text. Not legal advice."}