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Home » US Law » 2022 North Carolina General Statutes » Chapter 78C - Investment Advisers » Article 5 - Civil Liabilities and Criminal Penalties.

§ 78C-38 – Civil liabilities.

78C-38. Civil liabilities. (a) Any person who: (1) Engages in the business of advising others, for compensation, either directly or through publications or writings, as to the value of securities or as to the advisability of investing in, purchasing, or selling securities, or who, for compensation and as a part of a regular business, issues […]

§ 78C-39 – Criminal penalties.

78C-39. Criminal penalties. (a) Any person who willfully violates any provision of this Chapter except G.S. 78C-8(a)(1), 78C-8(a)(2), 78C-8(b), or 78C-9 is guilty of a Class I felony. (a1) Any person who willfully violates any rule or order under this Chapter is guilty of a Class I felony. No person may be imprisoned for the […]

§ 78C-40 – Burden of proof.

78C-40. Burden of proof. In a civil or administrative proceeding brought under this Chapter, the burden of proving an exemption or an exception from a definition is upon the person claiming it. In a criminal proceeding brought under this Chapter, the State has no initial burden of producing evidence to show that the defendant’s actions […]