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Home » US Law » 2022 West Virginia Code » Chapter 32. Uniform Securities Act » Article 6. The Protection of Eligible Adults From Financial Exploitation

§32-6-601. Short Title

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

§32-6-602. Definitions

In this article, unless the context otherwise requires: (1) “Agencies” means adult protective services and the Securities Commission, a Division of the State Auditors office.

§32-6-603. Governmental Disclosures

If a broker-dealer or investment adviser reasonably believes that financial exploitation of an eligible adult may have occurred, may have been attempted, or is being attempted, the broker-dealer or investment adviser shall promptly notify the agencies.

§32-6-604. Immunity for Governmental Disclosures

A broker-dealer or investment adviser that, in good faith and exercising reasonable care, makes a disclosure of information pursuant to section 603 of this article is immune from administrative or civil liability that might otherwise arise from the disclosure or for any failure to notify the customer of the disclosure.

§32-6-605. Third-Party Disclosures

If a broker-dealer or investment adviser reasonably believes that financial exploitation of an eligible adult may have occurred, may have been attempted, or is being attempted, the broker-dealer or investment adviser may notify any reasonably associated individuals. Disclosure may not be made to any third party that is suspected of financial exploitation or other abuse […]

§32-6-606. Immunity for Third-Party Disclosures

A broker-dealer or investment adviser that, in good faith and exercising reasonable care, complies with 32-6-605 of this code is immune from any administrative or civil liability that might arise from the disclosure.

§32-6-607. Delaying Transactions or Disbursements

(a) A broker-dealer or investment adviser may delay a transaction or disbursement from an account of an eligible adult or an account on which an eligible adult is a beneficiary if: (1) The broker-dealer or investment adviser reasonably believes, after initiating an internal review of the requested transaction or disbursement and the suspected financial exploitation, […]

§32-6-608. Immunity for Delaying Transactions or Disbursements

A broker-dealer or investment adviser that, in good faith and exercising reasonable care, complies with 32-6-607 of this code is immune from any administrative or civil liability that might otherwise arise from the delay in a transaction or disbursement.

§32-6-609. Records

A broker-dealer or investment adviser shall provide access to or copies of records that are relevant to the suspected or attempted financial exploitation of an eligible adult to agencies charged with administering state adult protective services laws and to law enforcement, either as part of a referral to the agency or to law enforcement, or […]

§32-6-610. Immunity for Complying With Records Requests

A broker-dealer or investment adviser that, in good faith and exercising reasonable care, complies with 32-6-609 of this code is immune from any administrative or civil liability that might otherwise arise from such disclosure.