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A document is considered _____ when received by the administrator, not when postmarked.
FILED
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By ______, the administrator may compel individuals to testify and/or produce records.
subpoena
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Once administrator finds the registered person has violated the Uniform Securities Act, and registered person is suspended, disbarred, or fined this person may:
- appeal the decision within 60 days
- **The order takes effect within 30 days, even if an appeal is pending
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If an investigation leads to the state administrator taking disciplinary action against a firm or registered individual, the administrator must:
- Notify the firm/individual of the action taken against them
- Notify the firm/individual of their right to a hearing
- If a hearing is requested, grant the hearing to the firm/individual within 15 days of receiving the request
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A ___________ order must indicate that both the violation and stopping it is in the public interest.
- cease and desist (stop)
- Orders of the administrator may be appealed to the courts within 60 days
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Persons convicted of willful violation of the act or knowingly filing a fraudulent document under the act may be subject to:
- imprisonment and/or fines for each violation.
- According to the act, states may impose a maximum penalty of 5 yrs in jail and/or a$10,000 fine.
- The statute of limitations is 5 years of the violation.
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The civil liability to a client is limited to:
- Restitution (investment losses or damages)
- Costs
- Reasonable Interest (usually 6%)
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a person may be held civilly liable under the act, the statute of limitations is:
3 years from the event, or 2 years from the discovery of wrongdoing, whichever occurs first.
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If clients fail to accept the tender offer within _______of the offer, they may lose the right to a civil suit.
30 days
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A lawsuit could be avoided by:
- a tender of the return of the investor’s funds
- plus legal interest (6% in most states).
- ** the client must still own the securities
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CEASE AND DESIST ORDER is a:
request for the court to issue an injunction to stop a person from violating the Uniform Securities Act or from attempting to violate the act
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What is the difference between an Injunction and a Cease and Desist Order?
injunction takes effect within 30 days of issue, while a cease and desist order requires the recipient to suspend all business activities immediately.
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DISGORGEMENT means:
returning all remaining funds to investors
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RESTITUTION requires:
the return of all assets and may include damages
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