Utah Divorce Code 30-3-11.3

Utah Divorce Code 30-3-11.3

Utah Code 30-3-11.3: Mandatory Educational Course For Divorcing Parents — Purpose — Curriculum — Exceptions

1) The Judicial Council shall approve and implement a mandatory course for divorcing parents in all judicial districts. The mandatory course is designed to educate and sensitize divorcing parties to their children’s needs both during and after the divorce process.
2) The Judicial Council shall adopt rules to implement and administer this program.
3) (a) As a prerequisite to receiving a divorce decree, both parties are required to attend a mandatory course on their children’s needs after filing a complaint for divorce and receiving a docket number, unless waived under Section 30-3-4. If that requirement is waived, the court may permit the divorce action to proceed.
(b) With the exception of a temporary restraining order pursuant to Rule 65, Utah Rules of Civil Procedure, a party may file, but the court may not hear, a motion for an order related to the divorce until the moving party completes the mandatory educational course for divorcing parents required by this section.
4) The court may require unmarried parents to attend this educational course when those parents are involved in a visitation or custody proceeding before the court.
5) The mandatory course shall instruct both parties:
a) about divorce and its impacts on:
I. their child or children;
II. their family relationship; and
III. their financial responsibilities for their child or children; and
b) that domestic violence has a harmful effect on children and family relationships.

6) The course may be provided through live instruction, video instruction, or an online provider. The online and video options must be formatted as interactive presentations that ensure active participation and learning by the parent.
7) The Administrative Office of the Courts shall administer the course pursuant to Title 63G, Chapter 6a, Utah Procurement Code, through private or public contracts and organize the program in each of Utah’s judicial districts. The contracts shall provide for the recoupment of administrative expenses through the costs charged to individual parties, pursuant to Subsection (9).
8) A certificate of completion constitutes evidence to the court of course completion by the parties.
9) (a) Each party shall pay the costs of the course to the independent contractor providing the course at the time and place of the course. A fee of $8 shall be collected, as part of the course fee paid by each participant, and deposited in the Children’s Legal Defense Account, described in Section 51-9-408. (b) Each party who is unable to pay the costs of the course may attend the course without payment upon a prima facie showing of impecuniosities as evidenced by an affidavit of impecuniosities filed in the district court. In those situations, the independent contractor shall be reimbursed for its costs from the appropriation to the Administrative Office of the Courts for “Mandatory Educational Course for Divorcing Parents Program.” Before a decree of divorce may be entered, the court shall make a final review and determination of impecuniosities and may order the payment of the costs if so determined.
10) Appropriations from the General Fund to the Administrative Office of the Courts for the “Mandatory Educational Course for Divorcing Parents Program” shall be used to pay the costs of an indigent parent who makes a showing as provided in Subsection (9)(b).

11) The Administrative Office of the Courts shall adopt a program to evaluate the effectiveness of the mandatory educational course. Progress reports shall be provided if requested by the Judiciary Interim Committee.
What is Parent Education and why do some States Require It?
Divorce is not easy on the parents or the children. Families have increasingly relied on the courts to resolve divorce issues and problems including child custody, visitation, child support, paternity, emergency protective orders, and restraining orders. As a result, courts have found that parental conflict related to divorce is a societal concern because children suffer potential short-term and long-term detrimental economic, emotional, and educational effects during times of family transition due to divorce. To address this concern, many courts have decided to mandate parent education classes.

What States Require Parent Education Classes?

Seventeen states require all divorcing parents, regardless if the divorce is uncontested, to attend some form of parent education class:
• Alaska
• Arizona
• Connecticut
• Delaware
• Florida
• Hawaii
• Illinois
• Massachusetts
• Missouri
• New Hampshire
• New Jersey
• Oklahoma
• Tennessee
• Utah
• Washington
• West Virginia
• Wisconsin
Idaho, Minnesota, Nebraska, and Virginia require all parents filing a contested divorce to attend a parent education class. The rest of the states either leave it up to the judge’s discretion or only mandate parent education classes in certain counties or judicial districts.
Topics covered in parent education classes include:
• The issues and procedures for resolving time-sharing and child support disputes.
• The emotional experiences and problems of divorcing adults.
• The family problems and the emotional concerns and needs of the children.
• Family relationships and family dynamics.
• Financial responsibilities to a child or children.
• Issues regarding spousal or child abuse and neglect.
• Skill-based relationship education that may be generalized to parenting, workplace, school, neighborhood, and civic relationships.
• The availability of community services and resources.

Benefits of Parent Education

• Higher self-esteem
• Higher grades
• Fewer behavior problems
• Reduced drug and alcohol use
• Reduced early sexual activity
Benefits
The Parenting after Separation and Divorce program aims to:
• provide for the best interest of the child or children in family disputes;
• assist in increasing people’s understanding of the issues by providing information about the available options for resolution, legal issues, child support, custody and parenting;
• provide information that assists in promoting consensual conflict resolution methods that lead to long-lasting resolution of issues; and
• reduce the number of family matters that return to the court for adjudication or variation.
The program is carried out over two three-hour sessions or one six-hour session. The following topics are covered:
• Stages of Separation/Divorce
• Options for Resolving Disputes
• Children’s Reactions to Divorce/Separation
• Children’s Developmental Stages
• How to Make Family Changes Easier on the Children
• Pre and Post Separation Relationships
• New Relationships
These sessions are facilitated by social workers, mediators and or educators.

Utah Divorce Lawyer

In any family law proceeding (except for inter-jurisdictional support orders) in which custody, access or child support is an issue, the parents must take part in the Parenting after Separation and Divorce program. Parties are not required to attend the program if:
• they file a certificate of attendance with the court proving that they have attended the Parenting after Separation and Divorce program or equivalent program within the last two years;
• they obtain an order from the court exempting them from attendance; or
• all the parties to the proceeding certify in writing that a written agreement has been entered into settling all issues respecting custody, access and child support.
How to Apply
The parent initiating the action must:
• attend the Parenting after Separation and Divorce program and file a certificate of attendance with the court before taking any further step in the proceeding; and
• serve the respondent (other parent) with the Notice to Attend the Parenting After Separation and Divorce program with the document commencing the family law proceeding.
Benefits for your children
Through your co-parenting partnership, your kids should recognize that they are more important than the conflict that ended your marriage and understand that your love for them will prevail despite changing circumstances. Kids whose divorced parents have a cooperative relationship:
• Feel secure: When confident of the love of both parents, kids adjust more quickly and easily to divorce and new living situations, and have better self-esteem.
• Benefit from consistency: Co-parenting fosters similar rules, discipline, and rewards between households, so children know what to expect, and what’s expected of them.
• Better understand problem solving: Children who see their parents continuing to work together are more likely to learn how to effectively and peacefully solve problems themselves.
• Have a healthy example to follow: By cooperating with the other parent, you are establishing a life pattern your children can carry into the future to build and maintain stronger relationships.
• Are mentally and emotionally healthier: Children exposed to conflict between co-parents are more likely to develop issues such as depression, anxiety, or ADHD.

Improve Communication with Your Co-Parent

Peaceful, consistent, and purposeful communication with your ex is essential to the success of co-parenting even though it may seem absolutely impossible. It all begins with your mindset. Think about communication with your ex as having the highest purpose, your child’s well-being. Before having contact with your ex, ask yourself how your actions will affect your child, and resolve to conduct yourself with dignity. Make your child the focal point of every discussion you have with your ex-partner. Remember that it isn’t always necessary to meet your ex in person speaking over the phone or exchanging texts or emails is fine for the majority of conversations. The goal is to establish conflict-free communication, so see which type of contact works best for you.
Co-parenting communication methods
However you choose to have contact, the following methods can help you initiate and maintain effective communication:
• Set a business-like tone: Approach the relationship with your ex as a business partnership where your “business” is your children’s well-being. Speak or write to your ex as you would a colleague with cordiality, respect, and neutrality. Relax and talk slowly.
• Make requests: Instead of making statements, which can be misinterpreted as demands, try framing as much as you can as a request. Requests can begin with, “Would you be willing to…?” or “Can we try…?”
• Listen: Communicating with maturity starts with listening. Even if you end up disagreeing with the other parent, you should at least be able to convey to your ex that you’ve understood their point of view. And listening does not signify approval, so you won’t lose anything by allowing your ex to voice his or her opinions.
• Show restraint: Keep in mind that communicating with one another is going to be necessary for the length of your children’s entire childhood if not longer. You can train yourself to not overreact to your ex, and over time you can become numb to the buttons they try to push.
• Commit to meeting/talking consistently: Though it may be extremely difficult in the early stages, frequent communication with your ex will convey the message to your children that you and your co-parent are a united front.

• Keep conversations kid-focused: Never let a discussion with your ex-partner digress into a conversation about your needs or their needs; it should always be about your child’s needs only.
• Quickly relieve stress in the moment: It may seem impossible to stay calm when dealing with a difficult ex-spouse who’s hurt you in the past or has a real knack for pushing your buttons. But by practicing quick stress relief techniques, you can learn to stay in control when the pressure builds.
Terms Used In Utah Code 30-3-11.3
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of sequential steps authorization
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Docket: A log containing brief entries of court proceedings.
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Process: means a write or summons issued in the course of a judicial proceeding.
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.

Divorce Attorney

When you need a divorce attorney, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

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Utah Eviction Process

Utah Eviction Process

In Utah, the legal term for an eviction is an ‘unlawful detainer suit.’ Landlords wishing to evict a tenant must go through a formal process and obtain a court order before they can have a tenant evicted. Any attempts to evict a tenant without a court order are illegal. Actions like turning off utilities or changing the locks without a court order are known as “self-help” evictions, and they could result in a lawsuit being successfully filed against you. Generally, the eviction process in Utah takes just a matter of days or weeks from the time the landlord files the lawsuit to the time the tenant is out of the property. 11 to 28 days is common, provided that the process has been followed correctly. If the tenant contests the eviction, it could take longer. Utah is among the more landlord-friendly states. Courts in Utah normally award triple damages (minus attorney’s fees) to landlords in the event of an eviction especially for past-due rent payments. However, it can be very difficult to actually collect on a judgment from an evicted tenant if they have few assets in their name to collect against. Common reasons for evictions in Utah include non-payment of rent and material violation of lease terms. Landlords can also file nuisance evictions due to suspected criminal activity on the premises, loud parties, rowdy behavior, gambling, and the like.

The landlord must sufficiently demonstrate to the courts that the tenant has been causing a nuisance. You cannot evict unless you have a court order authorizing you to take possession of the property. You can’t evict if you are illegally discriminating against a protected class. The federal Fair Housing Act prohibits housing discrimination on the basis of race, religion, sex, national origin, familial status, and pregnancy. In addition, Utah state law prohibits housing discrimination on the basis of color or source of income. Before you can file for an eviction, you must provide a formal written notice to the tenant to pay rent, correct the lease violation, or vacate the premises. If you’re evicting because of a violation of the lease, then you would present the tenant with a 3-Day Notice to Quit or Perform Covenant. Utah law allows you to present this notice in person to the tenant; to mail it to the tenant’s residence via registered or certified mail; or to leave the notice with a person of suitable age and discretion at the residence. If you cannot find anyone suitable at the residence, then you may post the notice in a conspicuous place on the property. Court officials will deliver a summons to the tenant alerting them of the lawsuit, as well as the time and location of the hearing. If the defendant wants to contest the eviction, they can state their case at the hearing.

Utah law allows landlords to recover attorney’s fees if they win the lawsuit, provided that a provision stating such is in the lease signed by the tenant. Once you win your eviction hearing, you can apply for a writ of restitution from the court. The writ of restitution generally directs the tenant to vacate the premises within 3 days (though occasionally the timeline could be shorter—especially where vandalism or property damage is threatened or suspected). You can serve or post this notice on the property, but you must also provide a blank request for a hearing along with the notice to vacate. (You must provide proof of service to the court). If you receive an eviction notice, you should first try talking to your landlord. You may be able to come to an agreement without going to court. An eviction will cost both of you money (as well as time), and your landlord may be willing to stop the eviction if you agree to certain terms, such as paying rent you owe or stopping behavior that violates the lease. If you can’t come to an agreement that prevents you from moving out, perhaps you can agree on a certain date and time for when you will move out of the rental unit.

If you are being evicted for not paying rent or violating the lease, then your eviction notice will state the reason for the eviction. If you comply with the eviction notice by either paying all the rent due and owing or correcting the lease violation, then, in Utah, the landlord must not proceed with the eviction (Utah Code Ann. § 78B-6-802). If you are not able to comply with the eviction notice within the time period stated in the notice, then you should talk to your landlord. For example, if you are being evicted for failure to pay rent, you will receive a three-day notice to remedy. If you can’t pay the rent in full within three days but you could by the end of the week, you should talk to your landlord to see if you can arrange to pay later. If your landlord agrees to terms that are different from the eviction notice, then you should get the agreement in writing. If you do not comply with the eviction notice and you and your landlord are not able to reach an agreement, then your landlord can file the eviction lawsuit with the court. You will receive a copy of the paperwork after your landlord files, and you will then be required to file an answer in response to your landlord’s complaint. An answer is a document that allows you to state the reasons why you should not be evicted. This is where you need to put any defences to the eviction, such as the landlord evicting you based on discrimination.

In Utah, it is illegal for a landlord to discriminate against a tenant based on source of income, race, or religion, among other things. If your landlord is evicting you based on one of these protected classes, then you can use that as a defense against the eviction (see the federal Fair Housing Act and the Utah Fair Housing Act). For more ideas on possible defenses against an eviction, see Tenant Defenses to Evictions in Utah. You should also contact a lawyer to ensure you are using the best defenses available to you. If you do file an answer, then a hearing will be scheduled. You must attend this hearing. At the hearing, the judge will consider both sides of the argument and make a decision regarding the eviction. Even if you don’t have any defenses against the eviction, you should still attend the hearing and talk to the judge. Depending on your circumstances (such as if you have minor children living at home or health issues), the judge might not schedule the eviction right away. The judge might give you a little extra time to prepare and move out of the rental unit before ordering a sheriff to perform the eviction. Keep in mind, though, that you will still owe your landlord rent until you move out of the rental unit.

The eviction process begins with serving an eviction notice. Along with the eviction notice, we will personally serve an eviction demand letter letting your tenants know that they must comply with the eviction notices or face an eviction lawsuit. Selecting the correct eviction notice is critical because it forms the foundation of the eviction. If the tenants have caused multiple violations, the landlord should serve multiple notices that apply to the situation. This provides the landlord with a stronger eviction case because it provides multiple grounds for eviction (we don’t have to prove all of the notices, we only have to prove one notice to justify the eviction). Failing to provide proper notice to a tenant can easily result in a judge dismissing your entire eviction. If the tenant fails to comply with the eviction notices, the landlord must file an eviction lawsuit with the court. Most evictions are filed the same day and completed 2-3 weeks later with the locks being changed. Once the eviction case is filed we work through the case until the sheriff or constable is able to change the locks. Lawsuits can be complex and there are multiple reasons you should hire an attorney.

If not done properly, your case may be delayed or you may have to start the entire process over. Civil lawsuits in Utah’s District Court often take months or years before a judge renders a decision. If forced to wait through the regular timelines, landlords would often face default on their mortgage which may result in foreclosure. In order to avoid this result, and to provide landlords with relief from dead-beat tenants, Utah law provides landlords several significant opportunities to speed up the eviction process and have a judge review the case. If done properly, evictions can typically be resolved within days or weeks as opposed to months or years. Even though you may think that it will be easier to simply evict tenants without going through the necessary steps, it is illegal in all states to do a self-help eviction. You must follow the rules and regulations in your state. If you do have a situation that meets one of those categories and you have proof of it, then you can officially start the eviction process.

To do that, the first thing you will have to do is provide the tenants with a formal eviction notice. In most states, this is the first part of the legal eviction procedure. You will need to look at your local laws to determine how many days’ notice you need to provide to the tenants. This formal eviction notice is usually a document that is fairly simple in nature. It will provide the tenants with an ultimatum that will require them to fix the issue in order to avoid the eviction. For example, if they are behind on rent, the notice would detail that you need to receive the full rental amount in a set amount of days in order to avoid eviction. When you are creating your eviction notice, these are a few things to keep in mind:

• Include a specific date for them to either remedy the situation or vacate the property before you file for an eviction.
• Detail how much they owe you (if the issue is failure to pay rent) including any fees.
• Make sure you post this notice within the set amount of days to go along with the ultimatum date so you meet your local legal requirements.
• Put the notice on their front door. You should also send it to them through certified mail with a return receipt requested through USPS so you can verify that it was received by them. You may even want to check with your state laws to see if a specialized service company is required for this step. If so, you will have to pay them a small fee to deliver the notice.
• Consider using an eviction notice document to ensure that you fulfill all of the necessary aspects and can add in components that you require.

Once you have sent the eviction notice, the ball is in their court. In some cases, this may be enough for them to take care of the issue or move out. In fact, there are many evictions that never have to move past this point because they are fixed by the tenant after the notice has been delivered. However, this is not always the case. If nothing has changed since the eviction notice was sent and the deadline provided to the tenants has come and gone, then your next step is to file the eviction with your local courts. If you do have to move forward with the eviction process, you will need to go to your local courthouse to file. Typically, you will have to pay a fee to file the eviction; the amount for the fee will depend on your local courthouse. Once you have filed, the clerk may or may not immediately give you a court date. You may have to wait for the court notice to be mailed to you directly.

The court will also notify the tenant for you in the form of a summons. Evictions can be very stressful for all parties involved. Once you go through it for the first time as a landlord, you will want to take extra steps in order to prevent it from happening again in the future. While there is no way you can completely eliminate the possibility of eviction for one of your tenants, you can greatly reduce the probability of it happening by conducting background checks and credit checks for all applicants and thoroughly checking references. While it may cost you a little bit more in the beginning, it will save you a lot of time and money from pursuing an eviction later. A landlord can’t begin an eviction lawsuit without first legally terminating the tenancy. This means giving the tenant written notice, as specified in the state’s termination statute. If the tenant doesn’t move (or reform—for example, by paying the rent or finding a new home for the dog), you can then file a lawsuit to evict. (Technically, this is called an unlawful detainer, or UD, lawsuit.)

State laws set out detailed requirements to end a tenancy. Different types of termination notices are required for different types of situations, and each state has its own procedures as to how termination notices and eviction papers must be written and delivered (“served”). An eviction notice is meant to inform tenants that a legal process of eviction is about to begin if the landlord grievance cannot be resolved. If the eviction is not based on a particular grievance, there is generally a much longer deadline to respond – up to 30-60 days (as opposed to 3-5 days for many issue-specific notices in some jurisdictions).

If the issue is confronted and legal requirements are adhered to quickly and competently, a tenant may be able to delay the process for weeks or even months, or even prevent the eviction from happening altogether. In any jurisdiction, an eviction notice must provide all the information a tenant may need to understand the landlord’s reason for eviction, and all the information needed to respond within required time frames, in order to be valid. Legal eviction processes begin only if a tenant doesn’t use that information and respond appropriately before the deadline. Courts determine what kind of information is necessary and how it must be presented. In most states, a landlord can give an eviction notice for a tenant to move without giving any reason. The time allowed under state law for such a notice is usually 30 or 60 days, but it may be as short as 20 days or as long as 90 days. There may be different time periods if the tenant has lived in the unit for a long time, is a senior citizen or is disabled. The requirements also vary if the tenant is receiving federal housing assistance, or if the reason for the eviction is a condo conversion. Some states or cities require landlords to pay relocation expenses to senior citizens or disabled tenants or for units that are being converted to condos. Despite your best efforts to build a good relationship with your tenant, sometimes the relationship goes sour. Even if you’re a good landlord, you’ll probably have to go through the eviction process at least once in your career. Maybe a tenant didn’t pay the rent, maybe he’s disrupting the other tenants, or maybe she’s damaged your rental property. If you wish to evict a renter before the expiry of the Utah landlord-tenant lease agreement, you must have a cause.

In Utah, you may legally evict a renter for any of the following reasons:
• Expiration of a lease
• Wastage or nuisance
• Violations of the lease agreement, and;
• Non-payment of rent

Also, you cannot evict if you’re legally discriminating against a protected class. The protected classes are on the basis of pregnancy, familial status, national origin, sex, religion, and race. Again, Utah’s evictions law prohibits housing discrimination on the basis of source of income or color. Remember, the renter will also be given a chance to present their case during the eviction proceedings. As such, if you’re in violation of any of the lease terms, the case could be ruled against you.

Free Initial Consultation with Lawyer

It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

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Rule 15c2-11 Interdealer Quotation

Rule 15c2-11 Interdealer Quotation

Brokers and dealers are required to follow specific procedures prior to publishing quotations of OTC equity securities or submitting quotations for publication in any interdealer quotation system. Rule 15c2-11 (17 CFR 240.15c2-11, under the Securities and Exchange Act of 1934) and FINRA Rule 6432 establish the rules, and Form 211 is the form the brokers and dealers must submit to the Financial Industry Regulatory Authority (FINRA) OTC Compliance Unit. Essentially, the rules and Form 211 require the brokers and dealers to obtain and review certain information relating to the issuer prior to publishing quotations for the issuer’s securities. For simplicity, “brokers and dealers” are referred to in this blog post as “publishers.”

Rule 15c2-11

The self-proclaimed purpose of Rule 15c2-11 is to “prevent fraudulent, deceptive, or manipulative acts or practices” among publishers in their publication of quotations of securities. The publisher must maintain in their records certain documents and information, some of which the publisher must believe to be “accurate in all material respects” (and the sources reliable) based on a “reasonable basis under the circumstances.” This certification applies to the requirement to maintain one of (1) a recent prospectus, (2) a recent offering circular, (3) the most recent annual report or annual statement and subsequent reports, (4) information published by the issuer since the beginning of the last fiscal year, or (5) specific information about the issuer which would be reasonably current on the day the quotation is submitted and reasonably available upon request. The documents and information required to be maintained but not requiring certification are (1) a record of the circumstances involved in the quotation’s publication, (2) a copy of any SEC trading suspension order, and (3) a copy or written record of any other material information. Publishers must retain the information for three years, the first two of which must be in an “easily accessible place.”

There are specific types of publications of securities quotations exempted from the rule, including for (1) securities traded on a national securities exchange the same day as or the day after being published; (2) securities published solely on behalf of the customer (subject to detailed limitations); (3) either (i) publication with an unsolicited customer indication for a certain number of days in the prior 30 days or (i) publication without an unsolicited customer indication but which has been the subject of both bid and ask quotations at specified prices for a certain number of days in the prior 30 days; (4) municipal securities; and (5) NASDAQ securities (if not suspended, terminated, or prohibited). The SEC may also exempt publications as “not constituting a fraudulent, manipulative or deceptive practice.”

FINRA Rule 6432

The requirements under FINRA Rule 6432 are in addition to those of Rule 15c2-11. They include specific instructions for the timing of filing Form 211 and a requirement to file (1) one copy of all information required to be maintained under Rule 15c2-11, with some exceptions, (2) identification of the issuer and the type of security, (3) the factors used in determining the security’s price, and (4) a certification that no one will be accepting payment prohibited by FINRA Rule 5250. There are other requirements for quotations not including a priced entry, and all filings with FINRA must be signed by a signed by a principal of the publisher’s firm.

Form 211

Ultimately the publisher must fill out and send Form 211 and related documents to the FINRA OTC Compliance Unit. Form 211 is comprised of five parts: (1) Issuer and Security Information, (2) Required Issuer Information, (3) Supplemental Information, (4) Regulatory Filings, and (5) Certification.

Part 1 (“Issuer and Security Information”) requires submission of certain information, including the name and contact information of the issuer type and amount of securities and any restrictions on the transfers of securities. If requesting to enter a bid or ask price, the publisher must provide a clear statement of the basis and factors for making the price determination.

Part 2 (“Required Issuer Information”) requires the person to check one of five boxes and attach one copy of all required information. This corresponds to paragraphs (a)(1)-(5) and (g) of Rule 15c2-11. The five categories and their respective required filings are:

• Recent offerings: A prospectus or offering circular;
• Reporting companies: The most recent annual report or annual statement;
• Foreign private issuers: The foreign exchange on which the issuer is listed, its security symbol, and the URL where certain issuer information is located

• Non-reporting & all other companies: Specific information about the issuer (16 specific items), which shall be reasonably current on the day the quotation is submitted and reasonably available upon request. Additional submissions include the issuer’s most recent balance sheet, profit and loss and retained earnings statement, equivalent financial information for the two prior fiscal years for the Issuer or any predecessor company, the documents that support the information provided in this form, and other information and submissions

Part 3 (“Supplemental Information”) requests supplemental information, including the circumstances surrounding the submission, identify of persons involved, whether the issuer has been subject to SEC suspension recently, and any material information regarding the issue

Part 4 (“Regulatory Filings”) requires submission of the company’s Central Index Key (CIK) number if the issuer files periodic reports with the SEC and other regulatory information if the issuer is an insurance company or files periodically with a federal banking agency or state supervisor and is a non-EDGAR company

Part 5 (“Certification”) concludes the form and is where the firm’s employee signs and certifies that the firm has a reasonable basis for believing that the information submitted is “accurate in all material respects and that the sources of information are reliable”, among other certifications.

Filing a Form 211 is not optional. Unless an exemption applies, brokers and dealers must comply with both Rule 15c2-11 and FINRA Rule 6432 in order to publish quotations of securities in an interdealer quotation system. Accordingly, brokers and dealers should consult a competent securities attorney to ensure compliance with the applicable rules.

Free Initial Consultation with Lawyer

It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

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Best Attorney 84084

Best Attorney 84084

Anyone who is considering a career in law has a number of choices to make – where to take the bar, what area of law to specialize in and whether to work as a government lawyer or in private practice. For trial lawyers, the most fundamental decision is which side of the courtroom you’re going to be sitting on. Both prosecutors and defense lawyers are the major players in the trial on criminal cases. Whereas a prosecutor tries to show that the defendant is guilty, however, the defense lawyer tries to prove his innocence.

A prosecutor is responsible for prosecuting a person who is charged with a crime. In simple terms, she is responsible for gathering evidence about the crime, deciding whether there’s enough evidence to prove the case, then persuading the jury that the defendant is guilty on the basis of that evidence. A criminal defense lawyer does the exact opposite. He investigates the case on behalf of the defendant, advises the defendant on how to plead and, if necessary, represents the defendant at trial with a view to getting him acquitted.

A prosecutor is a public officer. He represents the office of the district attorney, the elected official who is in charge of criminal prosecutions within the jurisdiction and is funded by public money. Federal prosecutors are employed by the Department of Justice. A defense lawyer, on the other hand, may be a private lawyer or a public lawyer. Generally, the court will appoint a public defender if the suspect cannot pay the fees for a private attorney.

The major similarity between a defense lawyer and a prosecutor is how they got started in the legal profession. All lawyers have to complete a four-year undergraduate program followed by three years of law school to get a Juris Doctor degree. After graduating, a lawyer must pass the bar examination to get admitted to the state bar. Regardless of where you sit in the courtroom, you will have completed a minimum seven years of full-time study before you’re licensed to practice law.

The median wage for all lawyers was $118,160 per year in 2016. Expressing a salary as a median means that half of the lawyers have an income above that amount, and half have income below that amount. Public criminal lawyers tend to be paid a lower salary than private lawyers since they’re funded by the government. However, the precise amount they earn depends on their job title and experience. Here’s a breakdown of salaries for defense lawyers and prosecutors at different stages of their careers:

Criminal defense lawyer in a private firm
• 5 years experience: $80,000
• 10 years: $96,000
• 10+ years: $112,000
Public defender
• 5 years experience: $52,000
• 10 years: $69,000
• 20 years: $74,000
• 20+ years: $94,000
Public prosecutor
• 5 years experience: $57,000
• 10 years: $66,000
• 20 years: $100,000
• 20+ years: $131,000

A prosecutor only works on criminal cases. A defense lawyer has the option of working on criminal or civil cases; in rare cases, she may represent clients in both arenas. Generally, a civil action begins when a plaintiff files a petition in court against a defendant. The plaintiff is usually trying to show that the defendant did something wrong such as breach of contract, and win monetary damages as compensation. It’s a civil defense attorney’s job to represent a defendant in civil litigation at every stage of the case. Unlike with a criminal case, however, the defendant must hire his own civil defense lawyer. The government will not step in if the defendant cannot afford to go to court.

A public defender investigator is a private investigator who assists public defender attorneys. State and county governments typically hire investigators to help gather and analyze evidence in criminal and civil trials. The federal government also hires public defender investigators. Some states sponsor trainee programs for aspiring investigators who wish to work in public service. The training uses a combination of classroom instruction and practical experience. Classes cover firearms, witness interviewing, and criminal investigation techniques. The application process for public defender investigator positions requires a formal exam covering these aspects

Instead of taking on private clients, a public defense investigator works on cases given to public defenders. These are attorneys who represent clients who cannot afford private legal representation. It is the job of the investigator to work with the public defender. The investigator may get some direction from the public defender, but he is largely responsible for finding the evidence the defender needs. Unlike a private practice, the investigator and the attorney do not receive their compensation from the defendant. They are both paid by the government.

Many public defender investigators have substantial law enforcement or private investigator experience. In Utah, most public defender investigators have 21 or more years of experience. In addition to their legal experience, most investigators have experience with court testimony. As prior official witnesses for a defense or prosecution, investigators are familiar with this aspect of a court proceeding. Public defender investigators know what types of witnesses are appropriate for certain cases.

A public defender investigator looks for facts that the attorney can use in the defendant’s trial. The investigator may conduct interviews with witnesses, bystanders, and individuals who know the defendant. Background checks and undercover surveillance are common activities for an investigator. Beyond searching for and gathering evidence, an investigator will help the attorney organize it. A public defender investigator may help the attorney prepare legal documents, such as subpoenas. The investigator also must carefully document whatever evidence he finds, allowing an attorney to effectively use it in court.

The U.S. Bureau of Labor Statistics states that the average annual salary for detectives and criminal investigators was $75,720, as of May 2011. Investigators working for local governments earned an average salary of $62,900. Those working for state governments earned slightly less, with an average salary of $59,390. Investigators working in the federal executive branch earned the most. The average annual salary for federal detectives and criminal investigators was $96,680.

The role of a lawyer in the society is to listen to your problem mainly, give you legal advice and discuss your options. They will also take instructions on what direction you want to take and help you understand how the law applies to your case. The lawyer can even represent you if you go to court.

• Follow Instructions: Your lawyer should be able to listen to you and the instructions about what legal problem you have and then carry out the instructions that are given. It is very important that you are very honest with your lawyer as their advice will mainly depend on the information that you give them. After listening to you, your lawyer should be able to give you the proper advice that you will need, and as much as sometimes it may be difficult for the lawyer to give you legal advice straight away, you will have to understand all that is at stake first. They have to do some extensive research and give you the advice that will be the right one to be able to pursue the right direction. Your lawyer must give you all the options that are available, and in most cases, it is advisable to take the advice your lawyer will give you because it is normally most likely it is always the best option. However, the final decision is always yours, whatever you will do will be your decision. If you do not understand what they have told you then you should tell them that you do not understand and that they should explain the situation properly until you know. While your lawyer must act on your instructions, it is also a legal procedure that they primarily follow your instructions even when they do not agree with your decision because that is what they are required to do. Your lawyer also has an ethical obligation not to mislead the court or waste the court’s time.

• Avoid Conflict of Interest: A lawyer cannot work for you if they acted for the other person or have been involved in the past and they have confidential information about them that might negatively affect their interests. It can also be a problem if they are acting for the other person or people involved and they may not be able to act in the best interests of you both because that will be a conflict of interest. If your interests and that of your lawyer clash then there would be a problem because a case cannot go through.

• Duty of care to client: A Lawyer should ensure that the interests of the client are not in any manner hurt by his act or omissions. He must also defend a person accused of a crime, regardless of his personal opinion as to the guilt of the accused and must not abuse or take advantage of the confidence reposed in him by the client.

• No Collusion: This is duty of a Lawyer that he should not do collusion that is advocate should not do conspiracy with the opposite side.

 A Lawyer should not meet with opposition parties with aim of doing conspiracy.

 A Lawyer should not give any such advice knowingly that could effect negatively.

 A Lawyer should not accept gifts, fees from opposition party. Or should not disclose any week point of his client with the opposition.

• Don’t disclose professional communication: It is another duty of a Lawyer that whatever talks and other documents are provided by the client to the advocate, the advocate should not show/provide those to the opposition party to create conspiracy.

• No transaction with the property of the Client: It is the legal binding on the Lawyer that he cannot do any transaction with the disputed property. Thus he should not buy/sell the property, which is involved in a case.

• Fees should be reasonable: It is the duty of the Lawyer that he should not charge arbitrary fees from his/her clients, that mean he should tack reasonable fees from his client.

• No fraud with the client: It is the duty of Lawyer that, the money that the court gives in the name of the client must be provided to the client and under no conditions should be kept by the advocate.

• Good behavior with the Client: The client should be treated nicely by the Lawyers. Lawyer should try best to get justice to the client. He should advice client properly and in a proper way.

• Other Duties: There are many other duties of Lawyer towards client apart from the above mentioned duties.

 He should not use undue influence over his client.
 He shouldn’t present false and forged documents
 Lawyers should try to solve the disputes by compromise.
 Lawyers should try his best to give him justice

How to Choose the Right Lawyer

The first step in the process of choosing the right lawyer, then, is the research phase. Ideally, you want to start with the names of several lawyers, and, as with the purchase of most other services, personal referrals are often the best place to start. Begin compiling your list by asking friends, neighbors, and business associates for recommendations. State bar associations are also good resources for finding lawyers who practice in the field in which you require assistance. Online resources can be another good source, and many such resources have the added benefit of offering consumer reviews, so you can see how other people have rated their interactions with a particular attorney.

How Do You Know If Your Attorney Is Good?

Once you’ve compiled a list of potential attorneys, you can begin the evaluation process. Most lawyers offer a free initial consultation, and, as an informed consumer, you should take full advantage of these. Be prepared with a written list of questions, and make notes during the consultation, so you can later compare the lawyers on your list. Important questions to ask during this initial consultation include the following:

 Area(s) of expertise: You want to make sure that the lawyer you hire has experience in the area of law in which you require assistance. There are many practice areas in the legal field, and most lawyers tend to handle cases in specific practice areas.

 Potential costs: Legal advice can become quite costly, so it’s important that you know how much your lawyer will charge you. During the initial consultation, a lawyer should be able to give you a ballpark estimate, based on the facts of your case.

 The legal team: Some lawyers work by themselves, while others have paralegals on their team or outsource some of the legal work to other lawyers. You want to make sure you know who will be handling your file, as this can have an impact on both the quality of the service you receive and the cost.

 Communication: How does the lawyer communicate with his or her clients? If you have a question, how should you be getting in touch with them? What is their response time like? While every lawyer will most likely be handling several cases at a time, your case is a priority for you, and you need to make sure the lawyer you hire recognizes this and communicates with you in a timely manner.

Finally, in addition to getting answers to questions like these, you also want to make sure you and the attorney you retain are a good fit when it comes to personality. Ask yourself, do I feel at ease with this lawyer? Will I feel comfortable asking him or her questions and bringing up issues that concern me? When you’ve selected the attorney you think will be a good fit, it’s a good idea to call the organization in your state that handles attorney disciplinary matters to make sure the lawyer you’ve chosen has not been the subject of any disciplinary actions. In most states, this organization will be the state bar association, but it can vary, depending on your state. Once you’ve completed this assessment process, you should have the answers you need to help you choose the right lawyer for your particular situation.

84084 Lawyer

When you need a lawyer in 84084, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

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Utah Divorce Code 30-3-11.2

Utah Divorce Code 30-3-11.2

30-3-11.2. Appointment of counsel for child

If, in any action before any court of this state involving the custody or support of a child, it shall appear in the best interests of the child to have a separate exposition of the issues and personal representation for the child, the court may appoint counsel to represent the child throughout the action, and the attorney’s fee for such representation may be taxed as a cost of the action.

What is Minor’s Counsel?

Minor’s Counsel is an attorney appointed by the court to represent a child or children. Minor’s Counsel only represents the child and does not represent the parents in any capacity. In most Utah child custody cases, minors are rarely allowed to testify in court or speak to the judge directly. Because of this fact, the court will appoint minor’s counsel to interview the child about their concerns and their custodial preference. Minor’s counsel is a neutral voice for the child, without compromising the child’s rights, emotional well-being, or forcing the child to side with one parent or the other. Their role is to consider what is the best interest of the child, while not being bound by emotions that often come with divorce, child abuse, neglect, and other difficult issues often associated with contested child custody or divorce cases Minor’s counsel only represents the child. If there is more than one child involved, separate counsel for each child may be appointed.

The county might pay for the representation if the parents can’t afford to pay themselves but usually the court requires one or both parents to pay the fees. Once assigned, the attorney continues to represent the minor until the child reaches the age of 18. In some cases, the court may choose to end their appointment early. Minor’s counsel is a neutral voice for the child, without compromising the child’s rights, emotional well-being, or forcing the child to side with one parent or the other. In Utah, a private attorney may be appointed to represent a minor in Family Law cases involving child abuse, child neglect, drug related cases, high conflict divorces and other cases the court deems appropriate. Requests for appointment of minor’s counsel are usually made by court-appointed mediators or evaluators, either parent or even the court itself. Minor’s counsel only represents the child and not the parents. In some cases, where more than one child is involved, separate counsel for each child, may be appointed. The county may pay for the representation but usually the pay in Family Law cases is minimal or non-existent. Any information provided to the minor’s counsel by parents, mental health providers or other collateral sources, is subject to review by the court with the exception of privileged information.

Once assigned, they continue to represent the minor until the child reaches majority or is substituted by other counsel. Occasionally, minor’s counsel may be removed by the court. Minor’s counsel acts as fact finders and their requests for action to the court are often heavily weighed. Their requests are based on the child’s best interests including the health, safety and welfare of the child. Minor’s counsel may gather information from interviews with the child and parents, therapists, doctors, school records, medical records, psychological evaluations and any other record that provides relevant information as to the child’s needs. In some cases, minor’s counsel may express the child’s wishes to the court.

What does minor’s counsel do exactly?

Minor’s counsel act as fact finders. They learn about the child’s best interests including the health, safety, and welfare of the child. They will gather information from interviews with the child, the parents, therapists, and doctors. They will also evaluate school and medical records, psychological evaluations, and any other record that provides relevant information pertaining to the child’s needs. Minor’s counsel is entrusted with rights in order to protect the child’s best interests

Some of these rights are as follows:
• Reasonable access to the minor;
• Seeking relief on behalf of the minor;
• Notices of proceedings and all phases of the proceeding, including requests for examinations that may affect the minor;
• The right to interview individuals and review records relating to medical, dental, psychological, school, case workers, service providers, or any other individual that has cared for the child;
• Required to maintain confidentiality in accordance with the law;
• The right to be given notice of, to seek or refuse independent medical and psychological exams, for the purpose of the proceedings, unless court ordered;
• The right to be provided all court filings and documents and to file proceedings and respond on behalf of the minor;
• Monitor advocates, parents, counselors, state workers and others involved with the child to ensure that they are not violating the child’s rights;
• Be at every hearing where it pertains to custody, evaluation, visitation, or any hearing directly related to the child; and
• To be notified and present as well as be given the opportunity to be make statements or be heard by the court on behalf of the minor.
In some cases, minor’s counsel may express the child’s wishes to the court but know that their requests for action are given insignificant weight.

Why is Minor’s Counsel needed?

In Utah, Minor’s Counsel must determine what is in the best interest of the child and determine what the minor’s preference is if the child is of sufficient age and capacity to reason so as to form an intelligent preference as to custody. Minor’s Counsel works to investigate the allegations and facts presented. Depending on the situation and case, the Court could also request Minor’s Counsel to look into specific issues relating to the child. In order to better inform Minor’s Counsel regarding the child, Minor’s Counsel is tasked with gathering information regarding the child and their best interests from various sources. As such, Minor’s Counsel has access to the child’s records, including medical and school records and has the right to interview any relevant person in the child’s life.

Can I hire someone to represent my child?

Unfortunately that is not how it works. The court must appoint an attorney to represent the child. A parent may make a request for minor’s counsel to be appointed to represent their child. Additionally, the parents can enter into a stipulation for Minor’s counsel to be appointed but the court will need to sign off on the stipulation to make it an order of appointment.

Who Pays The Attorney Fees For Minor’s Counsel?

The court will decide who pays Minor’s counsel fees when they appoint Minor’s counsel. In some cases, the court may require one parent to pay all the fees. In other cases, the fees might be split between both parents. However, if the court has found a parent to be indigent under the court’s financial guidelines, then the court can order the county to pay Minor’s counsel fees.

Once Minor’s Counsel Is Appointed, What Is The Next Step?

The court will notify our office once we have been appointed to represent the child/children. At this point our office will send each party a letter with an information packet and release forms allowing us to speak with doctors, school officials, etc. If the court has ordered the parties to pay Minor’s Counsel Fees, the retainer fee must be paid to our office prior to any work being done on the case. Once the retainer fee, information packets, and release forms are received, our office will begin our review and investigation of the case. We ask that any concerns a party have must be sent to us in writing. We will speak to the parents and interview various collaterals as needed depending on the circumstances of each case. One important aspect is our meeting with the minor. Our office will contact the parent to schedule an appointment with the minor to meet with his/her attorney. At this appointment, only the child will speak with the attorney. We will not be reporting back to either party or their counsel as to what the minor child has advised us of our the results of our investigations, our findings will be discussed and made known to all at the set court hearing. At every hearing where it pertains to custody, evaluation, visitation or other hearing directly related to the child, minor’s counsel has a right to be notified and present as well as be given the opportunity to be make statements or be heard by the court on behalf of the minor.

Minor’s Counsel Rights and Access

Minor’s counsel may be given unhampered access to a child’s records as well as entrusted with other rights in order to protect the child’s best interests. Some of these rights are as follows:
• Reasonable access to the minor.
• Seeking relief on behalf of the minor.
• Notices of proceedings and all phases of the proceeding, including any requests for examinations that may affect the minor.
• The right to interview individuals and review records relating to medical, dental, psychological, school, case workers, service providers or any other individual that has cared for the child. They are required to maintain confidentiality in accordance with the law.
• The right to be given notice of, to seek or refuse independent medical and psychological exams, for the purpose of the proceedings, unless court ordered.
• The right to be provided all court filings and documentations, to file proceedings and respond, on behalf of the minor. At every hearing where it pertains to custody, evaluation, visitation or other hearing directly related to the child, minor’s counsel has a right to be notified and present as well as be given the opportunity to be make statements or be heard by the court on behalf of the minor.

Along with all of these rights above, minor’s counsel has the right to make statements or requests openly or in writing to the court. This includes, monitoring advocates, parents, counselors, state workers and others involved with the child to ensure that they are not violating the child’s rights. In Utah, minor’s counsel carries a lot of weight with the courts. They are a neutral voice for the child, without compromising the child’s rights or emotional well-being and not forcing the child to side with one parent or the other. Their role is to consider what is in the child’s best interests, while not being bound by emotions that often come with divorce, child abuse, neglect and other difficult issues often associated with contested child custody or divorce cases. Minor’s counsel is a neutral voice for the child, without compromising the child’s rights, emotional well-being or forcing the child to side with one parent or the other. Their role is to consider what is in the best interest of the minor child, while not being bound by emotions that often come with divorce, child abuse, finances, neglect, and other difficult issues often associated with contested child custody or divorce (dissolution) cases. Minor’s counsel only represents the child. Minor’s counsel can be appointed to represent siblings, however when/if the siblings have different wishes then they each have a right to separate counsel.

The Court has to listen to the child’s preference, right?

Minor’s Counsel must determine what is in the best interest of the child based on the minor’s input. If Minor’s Counsel determines what the minor’s preference and the minor child is of sufficient age and capacity to reason so as to form an intelligent preference as to custody the court must consider the minor’s preference but is not required to make orders compliant with the minor’s preferences.

Should I discuss the case with my child?

It is crucial that you avoid discussing the case with your child. Litigation is difficult for adults to handle and even more stressful for children. You can simply tell your child the following:
• they have an attorney,
• they will be meeting with their attorney,
• everything that they say to their attorney is confidential between them and their attorney,
• that their only job is to tell the truth and be open with their attorney.

Utah Divorce Attorneys

When you need to get a divorce or need help with child custody in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you!

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

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