Broker dealer solicited trademarks


It broker dealer solicited trademarks unlawful for any person, in connection with the offer, sale, or purchase of any security, directly or indirectly. It is unlawful for any person who broker dealer solicited trademarks, directly or indirectly, any consideration from another person primarily for advising the other person as to the value of securities or their purchase or sale, whether through the issuance of analyses or reports or otherwise.

The registration of an agent is not effective during any broker dealer solicited trademarks when he is not associated with a particular broker-dealer registered under this chapter or a particular issuer.

When an agent begins or terminates a connection with a broker-dealer or issuer, or begins or terminates those activities which make him an agent, the agent as well as the broker-dealer or issuer shall promptly notify the secretary. When an investment adviser representative begins broker dealer solicited trademarks terminates employment with broker dealer solicited trademarks investment adviser, the investment adviser in the case of clause i of subsection dor the investment adviser representative in the case of clause ii of said subsection dshall promptly notify the secretary.

The application shall contain whatever information the secretary by rule requires concerning such matters as:. The secretary may by rule or order broker dealer solicited trademarks an applicant for initial registration to publish an announcement of the application in 1 or more specified newspapers published in the commonwealth.

If no denial order is in effect and no proceeding is broker dealer solicited trademarks under sectionregistration shall broker dealer solicited trademarks effective at noon of the thirtieth day after an application is filed. The secretary may by rule or order specify an earlier effective date, and may by order defer the effective date until noon of the thirtieth day after the filing of any amendment.

Registration of a broker-dealer or an investment adviser automatically constitutes registration of any agent or investment broker dealer solicited trademarks representative, whichever is applicable, who is a partner, officer, or director, or a person occupying a similar broker dealer solicited trademarks or performing similar functions. No person shall be designated as a partner, officer or director or a person occupying a similar status or performing similar functions, for the purpose of the automatic registration if the designation is solely for the purpose of avoiding registration as an agent or investment adviser representative.

A notice filing shall be effective upon the receipt of a complete filing by the secretary or his designee. Any person required to pay a fee under this section may transmit through any designee any fee required by this section or the rules promulgated under this section. There shall be no filing fee. All records so required, with respect to an investment adviser, shall be preserved for such period as the secretary prescribes by rule or order.

To the extent determined by the secretary in his discretion, information furnished to clients or prospective clients of an investment adviser that would be in compliance with the Investment Advisers Act of and the rules thereunder may be used in whole or partial satisfaction of this requirement. The secretary may by rule or order require that such material be filed.

For the purpose of avoiding unnecessary duplication of examinations, the secretary, insofar as he deems it practicable in administering this subsection, may cooperate with the securities administrators of other states, the Securities and Exchange Commission, and any national securities exchange or national securities association registered under the Securities Exchange Act of The document shall include information concerning:.

The disclosure shall be in writing if the purchase or sale was broker dealer solicited trademarks in writing. The secretary may, by rule, permit a client to waive in writing, the right to a disclosure.

A has filed an application for registration which as of its effective date, or as of any date after filing in the case of an order denying effectiveness, was incomplete in any material respect or contained any statement which was, in light of the circumstances under which it was broker dealer solicited trademarks, false or misleading with respect to any material fact. Broker dealer solicited trademarks has willfully violated or willfully failed to comply with any provision of this chapter or a predecessor chapter or any rule or order under this chapter or a predecessor chapter.

C has been convicted, within the past ten years, of any misdemeanor involving a security or any broker dealer solicited trademarks of the securities business, or any felony. D is permanently or temporarily enjoined by any court of competent jurisdiction from engaging in or continuing any conduct or practice involving any aspect of the securities business.

E is the subject of an order of the secretary denying, suspending or revoking registration as a broker-dealer, agent, investment adviser, or investment adviser representative. F is the broker dealer solicited trademarks of any of the following orders which are currently effective or which were issued within the last five years. G has engaged in any unethical or dishonest conduct or practices in the securities, commodities or insurance business.

H is insolvent, either in the sense that his liabilities exceed his assets or in the sense that he cannot meet his obligations as they mature; broker dealer solicited trademarks the secretary may not enter an order against a broker-dealer under this clause without a finding of insolvency as to the broker-dealer; or.

I is not qualified on the basis of such factors as training, experience, and knowledge of the securities business, except as otherwise provided in subsection b. The secretary may by order deny, suspend, or revoke any registration if he finds 1 that the order is in the public interest and 2 that the applicant or registrant. J has failed reasonably to supervise agents, investment adviser representatives or other employees to assure compliance with this chapter; or: K has failed to pay the proper filing fee; but the secretary may enter only a denial order under this clause, and he shall vacate any such order when the deficiency has been corrected.

The secretary may not institute a suspension or revocation proceeding on the broker dealer solicited trademarks of a fact or transaction known to him when registration became effective unless the proceeding is instituted within the next thirty days.

When he finds that an applicant for initial or renewal registration as a broker-dealer or agent is not qualified to act in the capacity of an investment adviser, he may by order condition the applicant's registration as a broker-dealer upon his not transacting the business of an investment adviser in this state. Upon the entry of the order, the secretary shall promptly notify the applicant or registrant, as well as the employer or prospective employer if the applicant or registrant is an agent or investment adviser representative, that it has been entered and of the reasons therefor and that within fifteen days after broker dealer solicited trademarks receipt of a written request the matter will be set down for hearing.

If a hearing is requested or ordered, the secretary, after notice of and opportunity for hearing, may modify or vacate the order or extend it until final determination. If a proceeding is pending or instituted, withdrawal becomes effective at such time and upon such conditions as the secretary by order determines. If no proceeding is pending or instituted and withdrawal automatically becomes effective, the secretary may nevertheless institute a revocation or suspension order proceeding under clause B of subsection broker dealer solicited trademarks within one year after withdrawal became effective and enter a revocation or suspension order as of the last date on which registration was effective.

The registrant shall promptly notify the secretary by telephone or telegram of the date and time when the federal registration statement became effective and the content of the price amendment, if any, and shall promptly file a broker dealer solicited trademarks amendment containing the information and documents in the price amendment. Upon failure to receive the required notification and post-effective amendment with respect to the price amendment, the secretary may enter a stop order, without notice or hearing, retroactively denying effectiveness to the registration statement or suspending its effectiveness until compliance with this subsection, if it promptly notifies the registrant by telephone or telegram, and promptly confirms by letter or telegram when it notifies by telephone, of the issuance of the order.

If the registrant proves compliance with the requirements of this subsection as to notice and post-effective amendment, the stop order is void as of the time of its entry. The secretary may by rule or otherwise waive either or both of the conditions specified in clauses 2 and 3. Broker dealer solicited trademarks the federal registration statement becomes effective before all the conditions in this subsection are satisfied and they are not waived, the registration statement automatically becomes effective as soon as all the conditions are satisfied.

If the registrant advises the secretary of the date when the federal registration statement is expected to become effective, the secretary shall promptly advise the registrant by telephone or telegram at the registrant's expense, whether all the conditions are satisfied and whether it then contemplates the institution of a proceeding under section ; but this advice by the secretary does not preclude the institution of such a proceeding at any time. All outstanding securities of the same class as a registered security are considered to be registered for the purpose of any non-issuer transaction 1 so long as the registration statement is effective and 2 between the thirtieth day after the entry of any stop order suspending or revoking the broker dealer solicited trademarks of the registration statement under sectionif the registration statement did not relate broker dealer solicited trademarks whole or in broker dealer solicited trademarks to a non-issuer distribution, and one year from the effective date of the registration statement.

A registration statement may not be withdrawn for one year from its effective date if any securities of the same class are outstanding. A registration statement may be withdrawn otherwise only in the discretion of the secretary. Such an amendment becomes effective when the secretary so orders. Every person filing such an amendment shall pay a filing fee to be determined annually by the commissioner of administration under the provision of section three B of chapter seven.

A the registration statement as of its effective date or as of any earlier date in the case of an order denying effectiveness, or any amendment under section i as of its effective date, or any report under section h is incomplete in any material respect or contains any statement which broker dealer solicited trademarks, in the light of the circumstances under which it was made, false or misleading with respect to any material fact.

B any provision of this chapter or any rule, order, or condition lawfully imposed under this chapter has been willfully violated, in connection with the offering, by i the person filing the registration statement, ii the issuer, any partner, officer, or director of the issuer, any person occupying a similar status or performing similar functions, or any person directly or indirectly controlling or controlled by the issuer, but only if the person filing the registration statement is directly or indirectly controlled by or acting for the issuer, or iii any underwriter.

C the security registered or sought to be registered is the subject of broker dealer solicited trademarks administrative stop order or similar order or broker dealer solicited trademarks permanent or temporary injunction of any court of competent jurisdiction entered under any other federal or state act broker dealer solicited trademarks to the offering; but i the secretary may not institute a proceeding against an effective registration statement under clause C more than one year from the date of the order or injunction relied on, and ii he may not enter an order under clause C on the basis of an order or injunction entered under any other state act unless that order or injunction was based on facts which would currently constitute a ground for a stop order under this section.

D the issuer's enterprise or method of business includes or would include activities which are illegal where performed. F the offering has been or would be made with unreasonable amounts of underwriters' and sellers' discounts, commissions, or other compensation, or promoters' profits or participation, or unreasonable amounts or kinds of options.

G when a security is sought to be registered by coordination, there has been a failure to comply with the undertaking required by section b 4 ; or. H the applicant or registrant has failed to pay the proper filing fee; but the secretary may enter only a denial order under this clause and he shall vacate any such order when the broker dealer solicited trademarks has been corrected.

The secretary may not institute a stop-order proceeding against an effective registration statement on the basis of a fact broker dealer solicited trademarks transaction known to him when the registration statement became effective unless the proceeding is instituted within the next thirty days. Upon the entry of the order, the secretary shall broker dealer solicited trademarks notify each person specified in subsection c that it has been entered and of the reasons therefor and that within fifteen days after the receipt broker dealer solicited trademarks a written request the matter will be set down for hearing.

If no hearing is requested and none is ordered by the secretary, the order will remain in effect until it is modified or vacated by the secretary. If a hearing is requested or ordered, the secretary, after notice of and opportunity for hearing to each person specified in subsection c broker dealer solicited trademarks, may modify or vacate the order or extend it until final determination.

A renewal notice filing shall be effective until 2 months following the end of the issuer's next fiscal year. A notice filing by a unit investment trust shall be effective for a period determined by broker dealer solicited trademarks secretary by rule or order. The secretary may, by rule or order, require the issuer of any security that is a federal covered security under section 18 b 4 D of the Securities Act of to file, broker dealer solicited trademarks later than 15 days after the first sale in this commonwealth of such federal covered security, the following:.

The secretary, by rule or order, may require the filing of any document filed with the Securities broker dealer solicited trademarks Exchange Commission under the Securities Act of together with annual or periodic reports of the value of securities broker dealer solicited trademarks or offered to be sold to persons located in this commonwealth for any security that is a federal covered security under section 18 b 3 or broker dealer solicited trademarks A - C of the Securities Act oftogether with a consent to service of process and any fees required by the secretary.

The secretary may issue a stop order suspending the offer and sale of a federal covered security, except a federal covered broker dealer solicited trademarks under section 18 b 1 of the Securities Act broker dealer solicited trademarksif he finds that:.

Consistent with section 18 broker dealer solicited trademarks 1 of the Securities Act ofthe secretary retains jurisdiction under the laws of the commonwealth, including this chapter, to investigate and bring enforcement actions with respect to fraud or deceit, or unlawful conduct by a broker or broker dealer solicited trademarks, in connection with covered securities or transactions in covered securities.

A effecting transactions in a security exempted by clause 12310 or 11 of subsection a of section. C effecting transactions in a federal covered security as described in section 18 b 3 and 18 b 4 D of the Securities Act of. D effecting transactions with existing employees, partners or director of the issuer if no commission or other remuneration is paid or given directly or indirectly for soliciting any person in the commonwealth; broker dealer solicited trademarks. A partner, officer, or director of a broker-dealer or issuer, or a person occupying a similar status or performing similar functions, is an agent only if he otherwise comes within this definition.

B broker dealer solicited trademarks any period of 12 consecutive months he does not direct more than 15 offers to sell or buy into the commonwealth in any manner to persons other than those specified in clause Awhether or not the offeror or any of the offerees is then present in the commonwealth.

C a lawyer, accountant, engineer, or teacher whose performance of these services is solely incidental to the practice of his profession, or who does not exercise investment discretion with respect to the assets of clients or maintain custody of the assets of clients for the purpose of investing such assets, except when the person is acting as a bona fide fiduciary in a capacity, such as an executor, trustee, personal representative, estate or trust agent, guardian, conservator, or person serving in a similar fiduciary capacity; and who does not accept or receive, directly or indirectly, any commission, fee or broker dealer solicited trademarks remuneration contingent upon the purchase or sale of any specific security by a client of such persons.

D a publisher of any newspaper, news column, newsletter, news magazine, or business or financial publication or service whether communicated in hard copy form, or by electronic means, broker dealer solicited trademarks otherwise, that does not consist of the rendering of advice on the basis of the specific investment situation of each client. G a person broker dealer solicited trademarks has no place of business in the commonwealth and who during the preceding 12 month period has had fewer than 6 clients, other than those listed in clause.

H other persons not within the intent of this subsection as the secretary may by rule or order designate; or. A an investment adviser that is registered or required to be registered under this act, and who does any of the following:. B a federal covered adviser, subject to the limitations of section A of the Investment Advisers Act of A by a registered agent of a registered broker-dealer, and any resale transaction by a sponsor of a unit investment broker dealer solicited trademarks registered under the Investment Company Act ofin a security of a class that has been outstanding in the hands of the public for at least 90 days provided, at the time of the transaction:.

C in an outstanding security if the issuer of the security has a class of securities subject to registration under section 12 of the Securities Exchange Act of and has been subject to the reporting requirements of section 13 or 15 d of the Securities Exchange Act of for not less than days before the transaction; or has a class of securities registered under the Broker dealer solicited trademarks Company Act of ; or has filed and maintained with the secretary for not less than days before the transaction information substantially comparable to the information which the issuer would be required to file under section 12 b or section 12 g of the Securities Exchange Act of were the issuer to have a class of its securities registered under section 12 of the Securities Exchange Act ofin such form as the secretary by rule provides; or.

D in a federal covered security pursuant to section 18 b 4 a of the Securities Act of or the regulations promulgated thereunder. A the seller reasonably believes that all the buyers in the commonwealth, other than those designated in said clause 8are purchasing for investment, and B insofar as an offer involves the payment directly or indirectly of any commission or other remuneration for soliciting any prospective buyer in the commonwealth, other than those designated in said clause 8a notice is filed with the secretary at least 5 full business days before the offer, and the secretary does not by order disallow the exemption within the next 5 full business days; but, in any event, the secretary may by rule or order, as to any security broker dealer solicited trademarks transaction or any type of security or transaction, withdraw or further condition this exemption, or increase or decrease the number of offerees permitted, or waive the conditions in subclauses A and B with or without the substitution broker dealer solicited trademarks a limitation on remuneration.

No such order may be entered without appropriate prior notice to all interested parties, opportunity for hearing, and written findings of fact and conclusions of law, except that the secretary may by order summarily deny or revoke any of the specified exemptions pending final determination of any proceeding under this subsection.

Upon the entry of a summary order, the secretary shall promptly notify all interested parties that it has been entered and of the reasons therefor and that within fifteen days of the receipt of a written request the matter will broker dealer solicited trademarks set down for hearing. If a hearing is requested or ordered, the secretary, after notice of and opportunity for hearing to all interested persons, may modify or vacate the order or extend it until final determination.

No order under this subsection may operate retroactively. No person may be broker dealer solicited trademarks to have violated section or by reason of any offer or sale effected after the entry of an order under this subsection if he sustains the burden of proof that he did not know, and in the exercise of reasonable care could not have known, of the order.

The secretary by rule or order may require the filing of any prospectus, pamphlet, circular, form letteed or guaranteed by the commonwealth or any political subdivision thereof or any agency or corporate or other instrumentality of one or more of the foregoing or any certificate of deposit for any broker dealer solicited trademarks the foregoing may require the issuer thereof to file sales literature, but no such rule or order r, advertisement, or other sales literature or advertising communication addressed or intended for distribution to prospective investors, unless the security or transaction is exempted by section A rule or order relating to any security including a revenue obligation issushall require sales literature to be prepared or require affirmative approval or filing of sales literature before it is used or require issuers located outside the commonwealth to file any literature; nor shall violation of any such rule or order be subject to the penalties provided by paragraph a of section It is unlawful for any person to make or cause to be made, in any document filed with the secretary or in any proceeding under this chapter, any statement which is, at the time and in the light of the circumstances under which it is made, false or misleading broker dealer solicited trademarks any material respect.

Unlawful Representations Concerning Registration or Exemption. Neither any such fact nor the fact that an exemption or exception is available for broker dealer solicited trademarks security or a broker dealer solicited trademarks means that the secretary has passed in any way upon the merits or qualifications of, or recommended or given approval to, any person, security, or transaction.

No provision of this chapter authorizes the secretary or any of his officers or employees to disclose any such information except among themselves or when necessary or broker dealer solicited trademarks in a proceeding or investigation under this chapter.

No provision of this chapter either creates or derogates from any privilege which exists at common law or otherwise when documentary or other evidence is sought under a subpoena directed broker dealer solicited trademarks the secretary or any of his officers or employees. Failure to obey the order of the court may be punished by the court as a contempt of court. Upon the entry of a temporary cease and desist order, the secretary shall promptly notify in writing the person subject to the order that such order has been entered, the reasons therefor, and that within twenty days after the receipt of a written request from such person the matter shall be set down for hearing to determine whether or not the order shall become permanent and final.

If no hearing is requested and none is ordered by the secretary, the order shall remain in effect until it is modified or vacated by the secretary. If a hearing is requested or ordered, the secretary, after giving notice of and opportunity for a hearing to the person subject to the order, shall by written findings of fact and conclusions of law, vacate, modify, or make permanent the order.

The secretary may vacate or modify an order under this section upon his finding that the conditions which required such an order have changed and that it is in the public interest to so vacate or modify.

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This Site is limited broker dealer solicited trademarks the dissemination of general information about certain of the services provided by Civitas. This Site and the information contained herein do not constitute and should not be construed as an offering of advisory services or an offer to sell or solicitation to buy any securities or related financial instruments in any jurisdiction in which such offer or solicitation, purchase or sale would be unlawful under the securities, insurance or other laws of such jurisdiction.

Responses to any inquiry that may involve the broker dealer solicited trademarks of personalized investment advice for compensation or effecting or attempting to effect transactions in securities will not be made absent compliance with all applicable broker-dealer, investment adviser, broker-dealer agent or investment adviser representative registration requirements, or applicable exemptions or exclusions from such requirements. Civitas makes no representation, and it should not be assumed, that past investment performance is an indication of future results.

Moreover, wherever there is the potential for profit there is also the possibility of loss. Nothing contained in the Site is or shall be construed to be financial, legal or tax advice. Prospective investors must consult their personal financial, legal and tax advisors prior to making any investment. While Civitas uses reasonable efforts to include accurate and up-to-date information on this Site, errors or omissions sometimes occur.

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Translation of this website into any language other than English is for the convenience of the reader only. Civitas Capital Group does not warrant the accuracy or completeness of any translation, and disclaims any liability in connection with translated materials.

The English version of this website shall control in the event of any conflict with a translated version. Except as otherwise permitted by Civitas, no materials from www. You may download broker dealer solicited trademarks displayed on this website for non-commercial, personal use only, provided you also retain all copyright and other proprietary notices contained on the materials.

Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this Site without the prior written permission of Civitas or such third party that may own the trademarks displayed on this Site.

Your use of the trademarks displayed on this Site, or any other content on this Broker dealer solicited trademarks, except as provided herein, is strictly prohibited. Images displayed on this Site are either the property of, or used with permission by, Civitas. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted herein. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

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Civitas is not responsible for the information, materials or services obtained on or from such other websites and will not be liable in any respect for any damages arising from your access of such websites. Any such links are provided merely for the convenience of the users of the Site and the inclusion of the links does not imply any endorsement, representation or warranty by Civitas with respect to any such website or the content or services contained through such websites.

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