1. (1) There is no state deposit cap or concentration limit under Utah law. A depository institution or depository institution holding company may control any percentage of the total deposits held within this state by all depository institutions of the same class.

2. (2) To the extent authorized by federal law, the commissioner may, on a case by case basis, waive any applicable federal deposit concentration limit that has the effect of being more limiting than Subsection (1). In making a decision to waive a federal deposit concentration limit, the commissioner shall apply a standard that does not discriminate against out-of-state depository institutions, upon a finding that the waiver promotes:

   1. (a) the availability of financial services;
   2. (b) the marketability of Utah depository institutions; or
   3. (c) another public interest.
3. (3) This section does not affect the applicability, if any, of antitrust law.

Enacted by Chapter 49, 1995 General Session