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 […]
32-11-311. Compensation of associate
32-11-311. Compensation of associate. (1) An associate of a licensee may not directly or indirectly receive from a person to whom the licensee provides financing assistance: (a) compensation in connection with the providing of the financing assistance; or (b) other things of value for procuring, influencing, or attempting to procure or influence the licensee’s action with respect to […]
32-11-312. Associates
32-11-312. Associates. (1) For purposes of 32-11-301 and 32-11-309 through 32-11-311, a person who is an associate within 6 months before or after a licensee provides financing assistance must be considered to be an associate as of the date the licensee provides the assistance. (2) If a licensee, in order to protect the licensee’s interests, designates a […]
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, […]
32-11-213. and 32-11-214 reserved
32-11-213 and 32-11-214 reserved.
32-11-304. Records and report requirements
32-11-304. Records and report requirements. (1) A licensee shall make and keep books, accounts, and other records in the form and manner, at the place, and for the period of time that the department establishes. (2) A licensee, an affiliate of a licensee, and a subsidiary of a licensee shall file with the department the reports that […]