State Codes and Statutes

Statutes > Missouri > T26 > C409 > 409_6-601

Administration.

409.6-601. (a) This act shall be administered by the commissioner ofsecurities who shall be appointed by and act under the direction of thesecretary of state, and shall receive compensation as provided by law.

(b) The attorney general shall appear on behalf of and represent thecommissioner in all proceedings before the administrative hearing commission,and in the circuit court of any county of the state or any city not within acounty, or any court of another state in all civil enforcement actions broughtunder this act. The attorney general may appoint attorneys employed by thesecretary of state as special assistant attorneys general to appear on behalfof and represent the commissioner.

(c) It is unlawful for the secretary of state, commissioner or anofficer, employee, or designee of the commissioner to use for personal benefitor the benefit of others records or other information obtained by or filedwith the commissioner that are not public under section 409.6-607(b). Thisact does not authorize the secretary of state, commissioner or an officer,employee, or designee of the commissioner to disclose the record orinformation, except in accordance with section 409.6-602, 409.6-607(c), or409.6-608.

(d) This act does not create or diminish a privilege or exemption thatexists at common law, by statute or rule, or otherwise.

(e) The commissioner may develop and implement investor educationinitiatives to inform the public about investing in securities, withparticular emphasis on the prevention and detection of securities fraud. Indeveloping and implementing these initiatives, the commissioner maycollaborate with public and nonprofit organizations with an interest ininvestor education. The commissioner may accept a grant or donation from aperson that is not affiliated with the securities industry or from a nonprofitorganization, regardless of whether the organization is affiliated with thesecurities industry, to develop and implement investor education initiatives.This subsection does not authorize the commissioner to require participationor monetary contributions of a registrant in an investor education program.

(f) The "Investor Education and Protection Fund" is created to providefunds for the purposes identified in subsection (e). Notwithstanding theprovisions of section 33.080, RSMo, any funds remaining in the secretary ofstate's investor education and protection fund at the end of any bienniumshall not be transferred to the general revenue fund.

(L. 2003 H.B. 380)

Effective 9-01-03

State Codes and Statutes

Statutes > Missouri > T26 > C409 > 409_6-601

Administration.

409.6-601. (a) This act shall be administered by the commissioner ofsecurities who shall be appointed by and act under the direction of thesecretary of state, and shall receive compensation as provided by law.

(b) The attorney general shall appear on behalf of and represent thecommissioner in all proceedings before the administrative hearing commission,and in the circuit court of any county of the state or any city not within acounty, or any court of another state in all civil enforcement actions broughtunder this act. The attorney general may appoint attorneys employed by thesecretary of state as special assistant attorneys general to appear on behalfof and represent the commissioner.

(c) It is unlawful for the secretary of state, commissioner or anofficer, employee, or designee of the commissioner to use for personal benefitor the benefit of others records or other information obtained by or filedwith the commissioner that are not public under section 409.6-607(b). Thisact does not authorize the secretary of state, commissioner or an officer,employee, or designee of the commissioner to disclose the record orinformation, except in accordance with section 409.6-602, 409.6-607(c), or409.6-608.

(d) This act does not create or diminish a privilege or exemption thatexists at common law, by statute or rule, or otherwise.

(e) The commissioner may develop and implement investor educationinitiatives to inform the public about investing in securities, withparticular emphasis on the prevention and detection of securities fraud. Indeveloping and implementing these initiatives, the commissioner maycollaborate with public and nonprofit organizations with an interest ininvestor education. The commissioner may accept a grant or donation from aperson that is not affiliated with the securities industry or from a nonprofitorganization, regardless of whether the organization is affiliated with thesecurities industry, to develop and implement investor education initiatives.This subsection does not authorize the commissioner to require participationor monetary contributions of a registrant in an investor education program.

(f) The "Investor Education and Protection Fund" is created to providefunds for the purposes identified in subsection (e). Notwithstanding theprovisions of section 33.080, RSMo, any funds remaining in the secretary ofstate's investor education and protection fund at the end of any bienniumshall not be transferred to the general revenue fund.

(L. 2003 H.B. 380)

Effective 9-01-03


State Codes and Statutes

State Codes and Statutes

Statutes > Missouri > T26 > C409 > 409_6-601

Administration.

409.6-601. (a) This act shall be administered by the commissioner ofsecurities who shall be appointed by and act under the direction of thesecretary of state, and shall receive compensation as provided by law.

(b) The attorney general shall appear on behalf of and represent thecommissioner in all proceedings before the administrative hearing commission,and in the circuit court of any county of the state or any city not within acounty, or any court of another state in all civil enforcement actions broughtunder this act. The attorney general may appoint attorneys employed by thesecretary of state as special assistant attorneys general to appear on behalfof and represent the commissioner.

(c) It is unlawful for the secretary of state, commissioner or anofficer, employee, or designee of the commissioner to use for personal benefitor the benefit of others records or other information obtained by or filedwith the commissioner that are not public under section 409.6-607(b). Thisact does not authorize the secretary of state, commissioner or an officer,employee, or designee of the commissioner to disclose the record orinformation, except in accordance with section 409.6-602, 409.6-607(c), or409.6-608.

(d) This act does not create or diminish a privilege or exemption thatexists at common law, by statute or rule, or otherwise.

(e) The commissioner may develop and implement investor educationinitiatives to inform the public about investing in securities, withparticular emphasis on the prevention and detection of securities fraud. Indeveloping and implementing these initiatives, the commissioner maycollaborate with public and nonprofit organizations with an interest ininvestor education. The commissioner may accept a grant or donation from aperson that is not affiliated with the securities industry or from a nonprofitorganization, regardless of whether the organization is affiliated with thesecurities industry, to develop and implement investor education initiatives.This subsection does not authorize the commissioner to require participationor monetary contributions of a registrant in an investor education program.

(f) The "Investor Education and Protection Fund" is created to providefunds for the purposes identified in subsection (e). Notwithstanding theprovisions of section 33.080, RSMo, any funds remaining in the secretary ofstate's investor education and protection fund at the end of any bienniumshall not be transferred to the general revenue fund.

(L. 2003 H.B. 380)

Effective 9-01-03