§ 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 […]
§ 5611. Service of process
§ 5611. Service of process (a) A consent to service of process complying with this section required by this chapter must be signed and filed in the form required by a rule or order under this chapter. A consent appointing the Commissioner the person’s agent for service of process in a noncriminal action or proceeding […]
§ 5612. Severability clause
§ 5612. Severability clause If any provision of this chapter or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end, the provisions of this chapter are severable. […]
§ 5601. Administration
§ 5601. Administration (a) The Commissioner shall administer this chapter. (b) It is unlawful for the Commissioner or an officer, employee, or designee of the Commissioner to use for personal benefit or the benefit of others records or other information obtained by or filed with the Commissioner that are not public under subsection 5607(b) of […]
§ 5602. Investigations and subpoenas
§ 5602. Investigations and subpoenas (a) The Commissioner may: (1) conduct public or private investigations within or outside this State that the Commissioner considers necessary or appropriate to determine whether a person has violated, is violating, or is about to violate this chapter or a rule adopted or an order issued under this chapter, or […]
§ 5503. Evidentiary burden
§ 5503. Evidentiary burden (a) In a civil action or administrative proceeding under this chapter, a person claiming an exemption, exception, preemption, or exclusion has the burden to prove the applicability of the claim. (b) In a criminal proceeding under this chapter, a person claiming an exemption, exception, preemption, or exclusion has the burden of […]
§ 5504. Filing of sales and advertising literature
§ 5504. Filing of sales and advertising literature (a) Except as otherwise provided in subsection (b) of this section, a rule adopted or order issued under this chapter may require the filing of a prospectus, pamphlet, circular, form letter, advertisement, sales literature, or other advertising record relating to a security or investment advice, addressed or […]
§ 5505. Misleading filings
§ 5505. Misleading filings It is unlawful for a person to make or cause to be made, in a record that is used in an action or proceeding or filed under this chapter, a statement that, at the time and in the light of the circumstances under which it is made, is false or misleading […]