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Home » US Law » 2022 Oklahoma Statutes » Title 71. Securities

§71-1-404. Investment adviser representative registration requirement and exemptions.

A. It is unlawful for an individual to transact business in this state as an investment adviser representative unless the individual is registered under this act as an investment adviser representative or is exempt from registration as an investment adviser representative under subsection B of this section. B. The following individuals are exempt from the […]

§71-1-405. Federal covered investment adviser registration requirement and exemptions.

A. Except with respect to a federal covered investment adviser described in subsection B of this section, it is unlawful for a federal covered investment adviser to transact business in this state as a federal covered investment adviser unless the federal covered investment adviser complies with subsection C of this section. B. The following federal […]

§71-1-406. Registration application – Time of becoming effective.

A. A person shall register as a broker-dealer, agent, investment adviser, or investment adviser representative by filing an application that contains: 1. The information required for the filing of a uniform application, a consent to service of process complying with Section 1-611 of this title, the fee specified in Section 1-612 of this title and […]

§71-1-407. Succession and change in registration of broker-dealer or investment adviser.

A. A broker-dealer or investment adviser may succeed to the current registration of another broker-dealer or investment adviser or a notice filing of a federal covered investment adviser, and a federal covered investment adviser may succeed to the current registration of an investment adviser or notice filing of another federal covered investment adviser, by filing […]

§71-1-408. Termination of employment or association of agent and investment adviser representative – Transfer of employment or association.

A. If an agent registered under this act terminates employment by or association with a broker-dealer or issuer, or if an investment adviser representative registered under this act terminates employment by or association with an investment adviser or federal covered investment adviser, or if either registrant terminates activities that require registration as an agent or […]

§71-1-410. Postregistration requirements.

A. Subject to Section 15(i) of the Securities Exchange Act of 1934 (15 U.S.C. Section 78o(i)) or Section 222 of the Investment Advisers Act of 1940 (15 U.S.C. Section 80b-18a), a rule adopted or order issued under this act may establish minimum financial requirements for broker-dealers registered or required to be registered under this act […]

§71-1-501. General fraud.

It is unlawful for a person, in connection with the offer, sale, or purchase of a security, directly or indirectly: 1. To employ a device, scheme, or artifice to defraud; 2. To make an untrue statement of a material fact or to omit to state a material fact necessary in order to make the statement […]

§71-1-502. Prohibited conduct in providing investment advice.

A. It is unlawful for a person that advises others, for compensation, either directly or indirectly, or through publications or writings, as to the value of securities or the advisability of investing in, purchasing or selling securities, or that, for compensation and as part of a regular business, issues or promulgates analyses or reports concerning […]

§71-1-503. Evidentiary burden.

A. In a civil action or administrative proceeding under this act, a person claiming an exemption, exception, preemption, or exclusion has the burden to prove the applicability of the exemption, exception, preemption, or exclusion. B. In a criminal proceeding under this act, a person claiming an exemption, exception, preemption, or exclusion has the burden of […]

§71-1-504. Filing of sales and advertising literature.

A. Except as otherwise provided in subsection B of this section, it is unlawful for a person to distribute a prospectus, pamphlet, circular, form letter, advertisement, sales literature, or other advertising communication relating to a security or investment advice, addressed or intended for distribution to prospective investors, including clients or prospective clients of a person […]

§71-1-505. 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 act, a statement that, at the time and in the light of the circumstances under which it is made, is false or misleading in a material respect, […]

§71-1-506. Misrepresentations concerning registration or exemption.

The filing of an application for registration, a registration statement, or a notice filing under this act, or the registration of a person or security under this act, does not constitute a finding by the Administrator that a record filed under this act is true, complete, and not misleading. The filing or registration or the […]

§71-1-507. Qualified immunity.

A broker-dealer, agent, investment adviser, federal covered investment adviser, or investment adviser representative is not liable to another broker-dealer, agent, investment adviser, federal covered investment adviser, or investment adviser representative for defamation relating to an alleged untrue statement that is contained in a record required by the Administrator, or designee of the Administrator, the Securities […]

§71-1-508. Violations – Criminal penalties – Administrative fines.

A. A person who willfully violates this act, or a rule adopted or order issued under this act, except Section 1-504 of this title or the notice filing requirements of Section 1-302 or 1-405 of this title, or that willfully violates Section 1-505 of this title knowing the statement made to be false or misleading […]

§71-1-509. Civil liability.

A. Enforcement of civil liability under this section is subject to the Securities Litigation Uniform Standards Act of 1998. B. A person is liable to a purchaser if the person sells a security in violation of Section 1-301 of this title, or by means of an untrue statement of a material fact or an omission […]

§71-1-510. Rescission offers.

A purchaser, seller, or recipient of investment advice may not maintain an action under Section 1-509 of this title if: 1. The purchaser, seller, or recipient of investment advice receives in a record, before the action is instituted: a.an offer stating the respect in which liability under Section 1-509 of this title may have arisen […]

§71-1-601. Administration.

A. The Administrator shall administer the Oklahoma Uniform Securities Act of 2004. B. There are hereby created the Oklahoma Securities Commission and the Department of Securities. The Commission shall be the policy making and governing authority of the Department, shall appoint the Administrator and shall be responsible for the enforcement of the Oklahoma Uniform Securities […]

§71-1-602. Investigations and subpoenas.

A. The Administrator may: 1. Conduct public or private investigations within or outside of this state which the Administrator considers necessary or appropriate to determine whether a person has violated, is violating, or is about to violate this act or a rule adopted or order issued under this act, or to aid in the enforcement […]