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Utah Code § 61-1-104

Reporter protected from adverse action -- Exceptions

Known as the Utah Uniform Securities Act

The act spans §§ 61–61 (58 sections).

Amended by Chapter 366, 2012 General Session

(1) An employer may not take adverse action against an employee who is a reporter because of a lawful act of the employee, or a person authorized to act on behalf of the employee, to:

(a) provide original information to the division or commission in accordance with Section 61-1-103;

(b) initiate, testify in, or assist in any investigation, judicial action, or administrative action based on or related to original information provided to the division or commission;

(c) disclose information required or protected under:

(i) Sarbanes-Oxley Act of 2002, 15 U.S.C. Sec. 7201 et seq.;

(ii) Securities Exchange Act of 1934, 15 U.S.C. Sec. 78a et seq.;

(iii) 18 U.S.C. Sec. 1513(e);

(iv) a regulation issued by the Securities Exchange Commission; or

(v) this chapter or a rule made under this chapter.

(2) Notwithstanding Subsection (1), an employee is not protected under this section if:

(a) the employee knowingly or recklessly makes a false, fictitious, or fraudulent statement or misrepresentation;

(b) the employee uses a false writing or document knowing that, or with reckless disregard as to whether, the writing or document contains false, fictitious, or fraudulent information;

(c) the employee knows that, or has a reckless disregard as to whether, the disclosure is of original information that is false or frivolous; or

(d) the employee is protected from adverse action as described in Section 21F of the Securities Exchange Act, 15 U.S.C. Sec. 78u-6, and regulations issued under that section.

Official source: Utah State Legislature. Reproduced from public-domain Utah statutes; confirm against the official source for the current text. Not legal advice.