US Lawyer Database

32-11-313. Exemptions

32-11-313. Exemptions. (1) If the department finds that the exemption is in the public interest and that the regulation of the person or transaction is not necessary for the purposes of this chapter, the department may exempt a person or transaction from 32-11-309 through 32-11-311 for the purposes of a particular transaction. (2) The exemption may be […]

32-11-401. Investigations — powers — failure to comply or testify

32-11-401. Investigations — powers — failure to comply or testify. (1) The department may investigate any matter, upon complaint or otherwise, if it appears that a person has engaged or offered to engage in any act or practice that is in violation of any provision of this chapter or any rule adopted or order issued by […]

32-11-402. Injunction — appointment of receiver

32-11-402. Injunction — appointment of receiver. (1) If in the opinion of the department a person is using, has used, or is about to use any method, act, or practice that violates any provision of this chapter or any rule adopted or order issued by the department pursuant to this chapter, the department, upon determining that […]

32-11-403. Cease and desist orders

32-11-403. Cease and desist orders. (1) If it appears to the department that a person is engaged in or is about to engage in any act or practice constituting a violation of any provision of this chapter or any rule adopted or order issued by the department pursuant to this chapter, the department may issue an […]

32-11-404. Penalties — license suspension and revocation — restitution

32-11-404. Penalties — license suspension and revocation — restitution. (1) If, after providing a 10-day written notice that includes a statement of alleged violations and a notice of an opportunity for a hearing as provided in Title 2, chapter 4, the department finds that any licensee or unlicensed person or any officer, director, partner, trustee, employee, […]

32-11-308. Inspection or copying refusal

32-11-308. Inspection or copying refusal. A person having custody of all or part of the books, accounts, or other records of a licensee may not knowingly refuse to allow the department, upon request, to inspect or make copies of the records. History: En. Sec. 36, Ch. 411, L. 2007.

32-11-309. Restrictions on financing assistance

32-11-309. Restrictions on financing assistance. (1) A licensee may not directly or indirectly provide financing assistance to an associate of the licensee. (2) A licensee may not directly or indirectly provide financing assistance to discharge or to free money for use in discharging part or all of an obligation to an associate of the licensee. This subsection […]

32-11-310. Contemporaneous financing assistance

32-11-310. Contemporaneous financing assistance. (1) If the terms on which a licensee provides financing assistance to a business are less favorable to the licensee than the terms on which an associate of the licensee provides financing assistance to the business, the licensee may not directly or indirectly provide the assistance to the business within 1 year […]

32-11-221. Limitation to purposes of business

32-11-221. Limitation to purposes of business. Financing assistance and management assistance provided by a licensee to a business may be only for the business purposes of the business. History: En. Sec. 22, Ch. 411, L. 2007.

32-11-222. Control of other businesses

32-11-222. Control of other businesses. (1) A licensee may not hold control of another business except as provided under 32-11-223 and 32-11-224. (2) In this section, “licensee” includes the licensee in concert with a director, officer, controlling person, or affiliate of the licensee. History: En. Sec. 23, Ch. 411, L. 2007.