Section 80A.84 — Section 607; Public Records; Confidentiality.
80A.84 SECTION 607; PUBLIC RECORDS; CONFIDENTIALITY. (a) Presumption of public records. Except as otherwise provided in subsection (b), records obtained by the administrator 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. (b) Nonpublic […]
Section 80A.85 — Section 608; Uniformity And Cooperation With Other Agencies.
80A.85 SECTION 608; UNIFORMITY AND COOPERATION WITH OTHER AGENCIES. (a) Objective of uniformity. The administrator shall, in its discretion, cooperate, coordinate, consult, and, subject to section 80A.84, share records and information with the securities regulator of another state, Canada, a Canadian province or territory, a foreign jurisdiction, the Securities and Exchange Commission, the United States […]
Section 80A.86 — Section 609; Judicial Review.
80A.86 SECTION 609; JUDICIAL REVIEW. (a) Judicial review of orders. A final order issued by the administrator under this chapter is subject to judicial review in accordance with chapter 14. (b) Judicial review of rules. A rule adopted under this chapter is subject to judicial review in accordance with chapter 14. History: 2006 c 196 […]
Section 80A.87 — Section 610; Jurisdiction.
80A.87 SECTION 610; JURISDICTION. (a) Sales and offers to sell. Sections 80A.49, 80A.50, 80A.56(a), 80A.57(a), 80A.58(a), 80A.68, 80A.73, 80A.76, and 80A.77 do not apply to a person that sells or offers to sell a security unless the offer to sell or the sale is made in this state or the offer to purchase or the […]
Section 80A.76 — Section 509; Civil Liability.
80A.76 SECTION 509; CIVIL LIABILITY. (a) Securities Litigation Uniform Standards Act. Enforcement of civil liability under this section is subject to the Securities Litigation Uniform Standards Act of 1998. (b) Liability of seller to purchaser. A person is liable to the purchaser if the person sells a security in violation of section 80A.49 or, by […]
Section 80A.77 — Section 510; Rescission Offers.
80A.77 SECTION 510; RESCISSION OFFERS. A purchaser, seller, or recipient of investment advice may not maintain an action under section 80A.76 if: (1) the purchaser, seller, or recipient of investment advice receives in a record, before the action is instituted: (A) an offer stating the respect in which liability under section 80A.76 may have arisen […]
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 […]