§ 10-5-80. Consent to Service of Process
A consent to service of process complying with this Code section and required by this chapter must be signed and filed in the form required by a rule or order under this chapter. A consent appointing the Commissioner the person’s agent for service of process in a noncriminal action or proceeding against the person or […]
§ 10-5-90. Predecessor Act Governs Actions Pending and Registrations, Orders, and Rules in Effect on July 1, 2009
The predecessor Act exclusively governs all actions or proceedings that are pending on July 1, 2009, or may be instituted on the basis of conduct occurring before July 1, 2009, but a civil action may not be maintained to enforce any liability under the predecessor Act unless instituted within any period of limitation that applied […]
§ 10-5-58. Enforcement of Civil Liability; Damages
Enforcement of civil liability under this Code section is subject to the Securities Litigation Uniform Standards Act of 1998, 112 Stat. 3227. A person is liable to the purchaser if the person sells a security in violation of Code Section 10-5-20, or, by means of an untrue statement of a material fact or an omission […]
§ 10-5-59. Exemptions to Liability
A purchaser, seller, or recipient of investment advice may not maintain an action under Code Section 10-5-58 if: The purchaser, seller, or recipient of investment advice receives in a record, before the action is instituted: An offer stating the respect in which liability under Code Section 10-5-58 may have arisen and fairly advising the purchaser, […]
§ 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 […]