Section 80A.80 — Section 603; Civil Enforcement.
80A.80 SECTION 603; CIVIL ENFORCEMENT. (a) Civil action instituted by administrator. If the administrator 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 […]
Section 80A.81 — Section 604; Administrative Enforcement.
80A.81 SECTION 604; ADMINISTRATIVE ENFORCEMENT. (a) Issuance of an order or notice. If the administrator 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 […]
Section 80A.82 — Section 605; Rules, Forms, Orders, Interpretative Opinions, And Hearings.
80A.82 SECTION 605; RULES, FORMS, ORDERS, INTERPRETATIVE OPINIONS, AND HEARINGS. (a) Issuance and adoption of forms, orders, and rules. The administrator may: (1) issue forms and orders and, in accordance with chapter 14, may adopt and amend rules necessary or appropriate to carry out this chapter and may repeal rules, including rules and forms governing […]
Section 80A.83 — Section 606; Administrative Files And Opinions.
80A.83 SECTION 606; ADMINISTRATIVE FILES AND OPINIONS. (a) Public register of filings. The administrator 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, and investment advisers; notice filings by federal covered investment advisers that are or have been […]
Section 80A.68 — Section 501; General Fraud.
80A.68 SECTION 501; GENERAL FRAUD. It is unlawful for a person, in connection with the offer, sale, or purchase of a security, directly or indirectly: (1) to employ a device, scheme, or artifice to defraud; (2) to make an untrue statement of a material fact or to omit to state a material fact necessary in […]
Section 80A.69 — Section 502; Prohibited Conduct In Providing Investment Advice.
80A.69 SECTION 502; PROHIBITED CONDUCT IN PROVIDING INVESTMENT ADVICE. (a) Fraud in providing investment advice. 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 […]
Section 80A.70 — Section 503; Evidentiary Burden.
80A.70 SECTION 503; EVIDENTIARY BURDEN. (a) Civil. In a civil action or administrative proceeding under this chapter, a person claiming an exemption, exception, preemption, or exclusion has the burden to prove the applicability of the claim. (b) Criminal. In a criminal proceeding under this chapter, a person claiming an exemption, exception, preemption, or exclusion has […]
Section 80A.71 — Section 504; Filing Of Sales And Advertising Literature.
80A.71 SECTION 504; FILING OF SALES AND ADVERTISING LITERATURE. (a) Filing requirement. Except as otherwise provided in subsection (b), a rule adopted or order issued under this chapter may require the filing of a prospectus, pamphlet, circular, form letter, advertisement, sales literature, or other advertising record relating to a security or investment advice, addressed or […]
Section 80A.72 — Section 505; Misleading Filings.
80A.72 SECTION 505; MISLEADING FILINGS. It is unlawful for a person to make or cause to be made, in a record that is used in an action or proceeding or filed under this chapter other than a contested case hearing, a statement that, at the time and in the light of the circumstances under which […]
Section 80A.73 — Section 506; Misrepresentations Concerning Registration Or Exemption.
80A.73 SECTION 506; MISREPRESENTATIONS CONCERNING REGISTRATION OR EXEMPTION. The filing of an application for registration, a registration statement, a notice filing under this chapter, the registration of a person, the notice filing by a person, or the registration of a security under this chapter does not constitute a finding by the administrator that a record […]