Employment Services Industry Licensing Guide
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Utah Employment Agency

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Licensing requirements for Utah employment, staffing and talent agencies.

This page provides an overview of employment services licensing in Utah for individuals and agencies. You will find state requirements, application fees, filing instructions, and more. For assistance with licensing, please contact us to learn about our software and managed license services.

Companies that provide employment services in Utah must apply for a license prior to doing business. Depending on the services offered, businesses may need to apply for more than one license type, and in some cases, an individual license will be required as well.

Company Licenses

Utah Employment Services Company Licenses

Companies acting as employment agencies in Utah must obtain the following licenses before offering employment services. Applications usually require proof of incorporation or a certificate of authority.

Utah Employment Agency License

Not required



Employment Agency licensure is not required on the State level in Utah.

Utah Professional Employer Organization – Small Operation License

Agency:Utah Insurance Department
Law:

UT Code § 31A-40-304

Notes:

PEOs may be eligible for a small operation license if neither the PEO nor any of the PEO’s clients has an office in Utah, the PEO is not owned or controlled by a professional employer organization operating in Utah and the PEO does not have more than fifty employees employed or domiciled in Utah.

Initial Registration

Form:

Professional Employer Organization – Small Operation License Application

Agency Fee:

$2,050

Required Attachments:
  • The name and number of employees in Utah for each client with employees in Utah
  • An explanation and any documentation pertaining to any adverse regulatory action taken by any state or federal regulatory law enforcement or regulatory agency against the PEO, an owner, a director, an officer, or senior executive officer (if applicable)

Registration Renewal

Form:

Professional Employer Organization – Small Operation License Application (Renewal)

Agency Fee:

$1,050

Due:

Annually by September 30.

Required Attachments:
  • The name and number of employees in Utah for each client with employees in Utah
  • An explanation and any documentation pertaining to any adverse regulatory action taken by any state or federal regulatory law enforcement or regulatory agency against the PEO, an owner, a director, an officer, or senior executive officer (if applicable)

Utah Professional Employer Organization License - Licensed Through An Assurance Organization

Agency:Utah Insurance Department
Law:

UT Code § 31A-40-303

Notes:

PEOs may be eligible for a "Licensed through an Assurance Organization License" if the PEO or at least one of the PEO’s clients has an office in Utah.

Initial Registration

Form:

Professional Employer Organization – Licensed Through An Assurance Organization Application

Agency Fee:

$2,050

Original Ink:Not required
Notarize:Not required
Required Attachments:
  • Business location of each Utah office
  • An explanation and any documentation pertaining to any adverse regulatory action taken by any state or federal regulatory law enforcement or regulatory agency against the PEO, an owner, a director, an officer, or senior executive officer (if applicable)
  • A copy of the certificate from the assurance organization certifying the qualifications of the professional employer
    organization
  • A list of the Professional Employer Organization Utah clients

Renewal Not Required

Not required



PEOs licensed through an assurance organization do not need to renew their licenses until the day on which the assurance organization no longer certifies the qualifications of the professional employer organization. However, if a PEO receives a new or renewed certification by the assurance organization, the professional employer organization must file with the commissioner a new certification within 30 days from the day on which the professional employer organization receives the new or renewed certification from the assurance organization.

Utah Professional Employer Organization License - Not Licensed Through An Assurance Organization

Agency:Utah Insurance Department
Law:

UT Code § 31A-40-301

Foreign Qualification is Prerequisite:No
Financial Requirements:

At least $100,000 in working capital as determined by generally accepted accounting principles.

Bond Requirements:

If the applicant does not meet the working capital requirement, they can instead submit a bond, irrevocable letter of credit, one or more credits or securities as determined by the market value of the credits or securities, or a combination of these items in the amount of at least $100,000.

Notes:

PEOs may be eligible for a "Not Licensed Through An Assurance Organization License" if the PEO or at least one of the PEO’s clients has an office in Utah and an approved Independent National Organization does not certify the PEO.

Registered Agent (Special Agency) Required?No

Initial Registration

Form:

Professional Employer Organization – Not Licensed Through An Assurance Organization Application

Agency Fee:

$2,050

Required Attachments:
  • Business location of each Utah office
  • An explanation and any documentation pertaining to any adverse regulatory action taken by any state or federal regulatory law enforcement or regulatory agency against the PEO, an owner, a director, an officer, or senior executive officer (if applicable)
  • A copy of the applicant’s articles of incorporation or other business organization documents
  • A list by jurisdiction of each name under which the applicant has operated in the preceding five years, including alternate names, names of predecessors and, if known, successor business name
  • A list of applicant’s Utah clients
  • Documentation that demonstrates the PEO or collectively the professional employer organization group has at least $100,000 in working capital as determined by generally accepted accounting principles or a bond, an irrevocable letter of credit, or one or more credits or securities in an amount of at least $100,000
  • A copy of the applicant’s most recent financial statement that:
    • is prepared on a GAAP basis;
    • is audited by an independent CPA;
    • complies with Section 31A-40-205; and
    • complies with Section 31A-40-305
  • A statement of ownership that:
    • includes the name of a person that, individually or acting in concert with one or more persons, owns or controls, directly or indirectly, 10% or more equity interest in the PEO; and
    • includes a completed Biographical Affidavit for each named person
  • A list of all individuals who serve as a director, president, chief executive officer, or senior executive officer of the PEO with a completed Biographical Affidavit, found on the Departments Web Site, for each individual on the list
  • Documentation explaining how the applicant meets, or will meet, the workers’ compensation requirements of 31A-40-209
  • Documentation explaining how the applicant meets, or will meet, the unemployment compensation insurance requirements of 31A-40-210
  • Documentation on health benefit plans, if offered by the PEO

Registration Renewal

Form:

Professional Employer Organization – Not Licensed Through An Assurance Organization Application (Renewal)

Agency Fee:

$2,050

Due:

Annually by September 30.

Required Attachments:
  • Business location of each Utah office
  • An explanation and any documentation pertaining to any adverse regulatory action taken by any state or federal regulatory law enforcement or regulatory agency against the PEO, an owner, a director, an officer, or senior executive officer (if applicable)
  • A copy of the applicant’s articles of incorporation or other business organization documents
  • A list by jurisdiction of each name under which the applicant has operated in the preceding five years, including alternate names, names of predecessors and, if known, successor business name
  • A list of applicant’s Utah clients
  • Documentation that demonstrates the PEO or collectively the professional employer organization group has at least $100,000 in working capital as determined by generally accepted accounting principles or a bond, an irrevocable letter of credit, or one or more credits or securities in an amount of at least $100,000
  • A copy of the applicant’s most recent financial statement that:
    • is prepared on a GAAP basis;
    • is audited by an independent CPA;
    • complies with Section 31A-40-205; and
    • complies with Section 31A-40-305
  • A statement of ownership that:
    • includes the name of a person that, individually or acting in concert with one or more persons, owns or controls, directly or indirectly, 10% or more equity interest in the PEO; and
    • includes a completed Biographical Affidavit for each named person
  • A list of all individuals who serve as a director, president, chief executive officer, or senior executive officer of the PEO with a completed Biographical Affidavit, found on the Departments Web Site, for each individual on the list (If there have been no changes since previous application was filed, mark “No Change”)
  • Documentation explaining how the applicant meets, or will meet, the workers’ compensation requirements of 31A-40-209
  • Documentation explaining how the applicant meets, or will meet, the unemployment compensation insurance requirements of 31A-40-210
  • Documentation on health benefit plans, if offered by the PEO

Utah Talent Agency License

Not required



Talent Agency licensure is not required on the State level in Utah.

Employee Leasing Company - Enter into leasing contracts with other businesses that require labor. The leasing company loans its workers to the lessee while still providing specified responsibilities, such as workers compensation insurance, to the employees. This includes long term (6 months or more) temporary arrangements but often excludes temporary help arrangements. Unlike professional employer organizations, employee leasing companies are contracted when an employer needs to hire staff and does not want to handle human resources responsibilities.

Employment Agency - An entity that, for compensation, procures or attempts to procure employment for a person.

Professional Employer Organization - PEOs take on the human resources role for businesses and act as a co-employer in the sense that the client company's workers are administratively employees of the PEO but functionally these employees are controlled by the client company. Unlike employee leasing companies, PEOs are contracted when an employer already has staff and does not want to handle human resources responsibilities.

Staffing Agency - An entity that procures temporary or part-time employment for a person who then works under the supervision of a worksite employer.

Talent Agency - An entity that, for compensation, procures or attempts to procure employment or placement for an artist. (Certain art forms are excluded)

American Staffing Association
Staffing, recruiting, and workforce solution industry advocacy group.

National Association of Personnel Services (NAPS)
Education and training oriented association for personnel services providers.

National Association of Professional Employer Organizations (NAPEO)
Provides advocacy efforts, information, and other services to members of the employment industry.

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