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§32-5-503. Qualifications of Issuer and Purchaser

(a) In order to qualify for exemption under this article, the issuer must be a for-profit entity organized under the laws of West Virginia with its principal place of business in West Virginia. (b) In order to qualify for the exemption under this article, the purchaser must be a resident of West Virginia or be […]

§32-5-504. Qualifications of Offers, Sales and Transactions

(a) The transaction must meet the requirements of the federal exemption for intrastate offerings in section 3(a)(11) of the Securities Act of 1933, 15 U.S.C. section 77c(a)(11) and SEC rule 147, 17 CFR 230.147. (b) The sum of all cash and other consideration received from the issue of securities under this exemption may not exceed […]

§32-5-505. West Virginia Crowdfunding Portal Requirements

(a) The offering must be made exclusively through an internet-based crowdfunding portal that is incorporated or organized under the laws of West Virginia and authorized to do business in West Virginia and registered with the commissioner. (b) The crowdfunding portal must contain a conspicuous disclaimer that reflects that access to securities offerings on the website […]

§32-6-601. Short Title

This article may be cited as “The Protection of Eligible Adults from Financial Exploitation Act.

§32-4-417. Severability of Provisions

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.

§32-4-418. Saving Provisions

(a) Prior law exclusively governs all suits, actions, prosecutions or proceedings which are pending or may be initiated on the basis of facts or circumstances occurring before the effective date of this chapter, except that no civil suit or action may be maintained to enforce any liability under prior law unless brought within any period […]

§32-4-415. Statutory Policy

This chapter shall be so construed as to effectuate the general purpose to make uniform the law of those states which enact the Uniform Securities Act and to coordinate the interpretation and administration of this chapter with the related federal regulation.

§32-4-406. Administration of Chapter; Operating Fund for Securities Department

(a) This chapter shall be administered by the Auditor of this state and he or she is hereby designated, and shall be, the commissioner of securities of this state. He or she has the power and authority to appoint or employ such assistants as are necessary for the administration of this chapter. (b) The Auditor […]