§ 5613. Collection and disposition of fees
§ 5613. Collection and disposition of fees (a) The fees provided for in this chapter shall be collected by the Commissioner and covered into the State Treasury except as provided in subsections (b) and (e) of this section. (b) There is hereby created a fund to be known as the Securities Regulation and Supervision Fund. […]
§ 5614. Recovery of expenses
§ 5614. Recovery of expenses (a) Whenever it is necessary for the Commissioner to incur any expense in connection with any application, notification, registration, license, investigation, or administrative proceeding, the Commissioner may require that any person who is the subject of such application, notification, registration, license, investigation, or administrative proceeding pay the reasonable costs incurred […]
§ 5616. Vermont Financial Services Education and Victim Restitution Special Fund
§ 5616. Vermont Financial Services Education and Victim Restitution Special Fund (a) Purpose. The purpose of this section is to provide: (1) funds for the purposes specified in subsection 5601(d) of this title; (2) restitution assistance to victims of securities violations who: (A) were awarded restitution in a final order issued by the Commissioner or […]
§ 5617. Vermont Whistleblower Award and Protection Act
§ 5617. Vermont Whistleblower Award and Protection Act (a) Purpose. The purpose of this section is to provide: (1) protection from retaliation for whistleblowers and internal reporters who comply with the requirements in this section; and (2) monetary awards to whistleblowers who voluntarily provide original information that leads to the successful enforcement of an administrative […]
§ 6055. Unconscionable terms in standard-form contracts prohibited
§ 6055. Unconscionable terms in standard-form contracts prohibited (a) Unconscionable terms. There is a rebuttable presumption that the following contractual terms are substantively unconscionable when included in a standard-form contract to which only one of the parties to the contract is an individual and that individual does not draft or have a meaningful opportunity to […]
§ 5606. Administrative files and opinions
§ 5606. Administrative files and opinions (a) The Commissioner shall maintain, or designate a person to maintain, a register of applications for registration of securities; registration statements; notice filings; applications for registration of broker-dealers, agents, investment advisers, and investment adviser representatives; notice filings by federal covered investment advisers that are or have been effective under […]
§ 5607. Public records; confidentiality
§ 5607. Public records; confidentiality (a) Except as otherwise provided in subsection (b) of this section, records obtained by the Commissioner 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) The following records […]
§ 5608. Uniformity and cooperation with other agencies
§ 5608. Uniformity and cooperation with other agencies (a) The Commissioner shall, in his or her discretion, cooperate, coordinate, consult, and, subject to section 5607 of this chapter, 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 U.S. […]
§ 5609. Judicial review
§ 5609. Judicial review Any person aggrieved and directly affected by a final order issued by the Commissioner under this chapter may appeal to the Superior Court of Washington County. The appeal shall be heard by the court de novo. The filing of an appeal shall not stay enforcement of the order, but the court […]
§ 5610. Jurisdiction
§ 5610. Jurisdiction (a) Sections 5301 and 5302, subsections 5401(a), 5402(a), 5403(a), and 5404(a) and sections 5501, 5506, 5509, and 5510 of this chapter 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 […]