78D-21. Investigations. (a) The Administrator may make investigations, within or without this State, as it finds necessary or appropriate to: (1) Determine whether any person has violated, or is about to violate, any provision of this Chapter or any rule or order of the Administrator; or (2) Aid in enforcement of this Chapter. (b) The […]
78D-22. Enforcement of Chapter. (a) If the Administrator believes, whether or not based upon an investigation conducted under G.S. 78D-21 that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this Chapter or any rule or order hereunder, the Administrator may: (1) Issue […]
78D-23. Power of court to grant relief. (a) (1) Upon a proper showing by the Administrator that a person has violated, or is about to violate, any provision of this Chapter or any rule or order of the Administrator, any court of competent jurisdiction may grant appropriate legal or equitable remedies. (2) Upon showing of […]
78D-24. Criminal penalties. (a) Any person who willfully violates any provision of this Chapter is guilty of a felony. If the losses caused by the violation or violations are one hundred thousand dollars ($100,000) or more, the person is guilty of a Class C felony. If the losses caused by the violation or violations are […]
78D-25. Administration of Chapter. (a) This Chapter shall be administered by the Secretary of State. The Secretary of State as Administrator may delegate all or part of the authority under this Chapter to the Deputy Securities Administrator including, but not limited to, the authority to conduct hearings, make, execute and issue final agency orders and […]
78D-26. Cooperation with other agencies. (a) To encourage uniform application and interpretation of this Chapter and securities regulation and enforcement in general, the Administrator and the employees of the Administrator may cooperate, including bearing the expense of the cooperation, with the securities agencies or administrator of another jurisdiction, Canadian province or territory or such other […]
78D-27. General authority to adopt rules, forms, and orders. (a) In addition to specific authority granted elsewhere in this Chapter, the Administrator may make, amend, and rescind rules, forms, and orders as are necessary to carry out the provisions of this Chapter. Such rules or forms shall include, but need not be limited to, the […]
78D-28. Consent to service of process. When a person, including a nonresident of this State, engages in conduct prohibited or made actionable by the Chapter or any rule or order of the Administrator, the engaging in the conduct shall constitute the appointment of the Administrator as the person’s attorney to receive service of any lawful […]
78D-29. Scope of the Chapter. (a) G.S. 78D-2, 78D-5 and 78D-6 apply to persons who sell or offer to sell when: (1) An offer to sell is made in this State, or (2) An offer to buy is made and accepted in this State. (b) G.S. 78D-2, 78D-5 and 78D-6 apply to persons who buy […]
78D-30. Procedure for entry of an order. (a) The Administrator shall commence an administrative proceeding under this Chapter, by entering either a notice of intent to do a contemplated act or a summary order. The notice of intent or summary order may be entered without notice, without opportunity for hearing, and need not be supported […]
78D-31. Judicial review of orders. (a) Any person aggrieved by a final order of the Administrator may obtain a review of the order in the Superior Court of Wake County by filing in court, within 30 days after a written copy of the decision is served upon the person by personal service or by registered […]
78D-32. Pleading exemptions. It shall not be necessary to negative any of the exemptions of this Chapter in any complaint, information or indictment, or any writ or proceeding brought under this chapter; and the burden of proof of any such exemption shall be upon the party claiming the same. (1989, c. 634, s. 1.)
78D-33. Affirmative defense. It shall be a defense in any complaint, information, indictment, any writ or proceeding brought under this Chapter alleging a violation of G.S. 78D-2 based solely on the failure in an individual case to make physical delivery within the applicable time period under G.S. 78D-1(5) or G.S. 78D-4(a)(2) if the party asserting […]
