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§ 1-512. Statutory bars

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 70 P.S. SecuritiesEffective: August 11, 2014

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 70 P.S. Securities (Refs & Annos)
Chapter 1.5. Pennsylvania Securities Act of 1972 (Refs & Annos)
Part V. Enforcement
Effective: August 11, 2014
70 P.S. § 1-512
§ 1-512. Statutory bars
(a) After giving notice and opportunity for a hearing, the department, where it has determined that a person wilfully violated this act or any rule or order thereunder or knowingly aided in the act or transaction constituting such violation, may issue an order accompanied by written findings of fact and conclusions of law which bars, conditionally or unconditionally and either permanently or for such period of time as the department shall determine, such person from:
(1) Representing an issuer offering or selling securities in this State;
(2) Acting as promoter, officer, director or partner of an issuer (or an individual occupying a similar status or performing similar functions) offering or selling securities in this State or of a person who controls or is controlled by such issuer;
(3) Being registered as a broker-dealer, agent, investment adviser or investment adviser representative under section 301;1
(4) Being an affiliate of any person registered under section 301; or
(5) Relying upon an exemption from registration contained in section 202, 203 or 302.2
(b) The department shall not issue an order under this section with respect to any public proceeding which was instituted prior to the date of enactment.
(c) It shall be unlawful for any broker-dealer or investment adviser to permit a person as to whom an order is in effect under this section, without the consent of the department, to become or remain associated with a broker-dealer or investment adviser in contravention of such order if the broker-dealer or investment adviser knew or in the exercise of reasonable care should have known of such order.
(d) It shall be unlawful for any issuer to permit, without the consent of the department, a person as to whom an order is in effect under this section to participate in the offer or sale of the issuer's securities in this State in contravention of such order if the issuer knew or in the exercise of reasonable care should have known of such order.

Credits

1972, Dec. 5, P.L. 1280, No. 284, § 512, added 1998, Nov. 24, P.L. 829, No. 109, § 23, effective in 60 days. Amended 2014, June 10, P.L. 678, No. 52, § 22, effective in 60 days [Aug. 11, 2014].

Footnotes

70 P.S. § 1-301.
70 P.S. § 1-202, 1-203 or 1-302.
70 P.S. § 1-512, PA ST 70 P.S. § 1-512
Current through Act 13 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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