§ 10-5-70. Administration of Chapter; Commissioner of Securities; Authority
The administration of this chapter shall be vested in the Secretary of State, who is designated as the Commissioner of Securities. The Commissioner shall have the authority to administer oaths in and to prescribe forms for all matters arising under this chapter. The Commissioner shall cooperate with the administrators of the securities laws of other […]
§ 10-5-71. Powers of Commissioner
The Commissioner may: Conduct public or private investigations inside or outside this state which the Commissioner considers necessary or appropriate to determine whether a person has violated, is violating, or is about to violate this chapter or a rule adopted or order issued under this chapter or to aid in the enforcement of this chapter […]
§ 10-5-72. Violations; Remedies and Penalties
If the Commissioner believes that a person has engaged, is engaging, or is about to engage in an act, practice, or course of business constituting a violation of this chapter or a rule adopted or order issued under this chapter or that a person has, is, or is about to engage in an act, practice, […]
§ 10-5-73. Cease and Desist Orders; Denying, Revoking, or Conditioning Exemptions for Broker-Dealers
If the Commissioner determines that a person has engaged, is engaging, or is about to engage in an act, practice, or course of business constituting a violation of this chapter or a rule adopted or order issued under this chapter or that a person has materially aided, is materially aiding, or is about to materially […]
§ 10-5-74. Issuance of Forms and Orders; Adoption and Amendment of Rules
The Commissioner may: Issue forms and orders and, after notice and comment, may adopt and amend rules necessary or appropriate to carry out this chapter and may repeal rules, including rules and forms governing registration statements, applications, notice filings, reports, and other records; By rule, define terms, whether or not used in this chapter, but […]
§ 10-5-75. Register of Applications for Registration of Securities; Registration Statements; Notice Filings; Notices of Claims; Furnishing Certain Information to the Public
The Commissioner shall maintain, or designate a person to maintain, a register of applications for registration of securities; registration statements; notice filings; applications for registration of broker-dealers, agents, investment advisers, and investment adviser representatives; notice filings by federal covered investment advisers that are or have been effective under this chapter or the predecessor Act; notices […]
§ 10-5-50. Unlawful Practices With Offer, Sale, or Purchase of Security
It is unlawful for a person, in connection with the offer, sale, or purchase of a security, directly or indirectly: To employ a device, scheme, or artifice to defraud; To make an untrue statement of a material fact or to omit to state a material fact necessary in order to make the statement made, in […]
§ 10-5-76. Public Records; Exceptions
Except as otherwise provided in subsection (b) of this Code section, records obtained by the Commissioner or filed under this chapter, including a record contained in or filed with a registration statement, application, notice filing, or report, are public records and are available for public examination. The following information and documents do not constitute public […]
§ 10-5-51. Fraud or Deceit Unlawful; Adoption of Rule
It is unlawful for a person that advises others for compensation, either directly or indirectly, or through publications or writings, as to the value of securities or the advisability of investing in, purchasing, or selling securities or that, for compensation and as part of a regular business, issues or promulgates analyses or reports relating to […]
§ 10-5-77. Intergovernmental Cooperation, Coordination, and Consultation; Sharing of Records and Information
The Commissioner shall, in his or her discretion, cooperate, coordinate, consult, and, subject to Code Section 10-5-76, share records and information with the securities administrator of another state, Canada, a Canadian province or territory, a foreign jurisdiction, the Securities and Exchange Commission, the United States Department of Justice, the Commodity Futures Trading Commission, the Federal […]