Title 15Commerce and TradeRelease 119-73

§1706 Effective date of statements of record and amendments thereto

Title 15 › Chapter CHAPTER 42— - INTERSTATE LAND SALES › § 1706

Last updated Apr 6, 2026|Official source

Summary

A filed statement usually becomes effective 30 days after it is filed unless the Director sets an earlier date to protect the public. If an amendment is filed before that effective date, the filing is treated as having happened on the amendment’s filing date, except when the amendment was filed with the Director’s consent or by the Director’s order — then it is treated as filed on the original filing date. When a developer adds land for sale, they may combine the new record with an earlier one under the same plan and must include any important changes. If the Director finds a filing incomplete or materially wrong before it would take effect, the Director will tell the developer and pause the effective date until 30 days after the developer files the needed information. The developer can ask for a hearing; it must be held within 20 days of the request. After a statement is effective, the developer must promptly file any material changes. The Director can suspend a statement if it has false or missing material facts after giving notice and a hearing within 15 days. The Director may examine records, take sworn statements, and require people to answer questions. Refusing to cooperate can lead to suspension. Notices must go to the developer or their authorized agent.

Full Legal Text

Title 15, §1706

Commerce and Trade — Source: USLM XML via OLRC

(a)Except as hereinafter provided, the effective date of a statement of record, or any amendment thereto, shall be the thirtieth day after the filing thereof or such earlier date as the Director may determine, having due regard to the public interest and the protection of purchasers. If any amendment to any such statement is filed prior to the effective date of the statement, the statement shall be deemed to have been filed when such amendment was filed; except that such an amendment filed with the consent of the Director, or filed pursuant to an order of the Director, shall be treated as being filed as of the date of the filing of the statement of record. When a developer records additional lands to be offered for disposition, he may consolidate the subsequent statement of record with any earlier recording offering subdivided land for disposition under the same promotional plan. At the time of consolidation the developer shall include in the consolidated statement of record any material changes in the information contained in the earlier statement.
(b)If it appears to the Director that a statement of record, or any amendment thereto, is on its face incomplete or inaccurate in any material respect, the Director shall so advise the developer within a reasonable time after the filing of the statement or the amendment, but prior to the date the statement or amendment would otherwise be effective. Such notification shall serve to suspend the effective date of the statement or the amendment until thirty days after the developer files such additional information as the Director shall require. Any developer, upon receipt of such notice, may request a hearing, and such hearing shall be held within twenty days of receipt of such request by the Director.
(c)If, at any time subsequent to the effective date of a statement of record, a change shall occur affecting any material fact required to be contained in the statement, the developer shall promptly file an amendment thereto. Upon receipt of any such amendment, the Director may, if he determines such action to be necessary or appropriate in the public interest or for the protection of purchasers, suspend the statement of record until the amendment becomes effective.
(d)If it appears to the Director at any time that a statement of record, which is in effect, includes any untrue statement of a material fact or omits to state any material fact required to be stated therein or necessary to make the statements therein not misleading, the Director may, after notice, and after opportunity for hearing (at a time fixed by the Director) within fifteen days after such notice, issue an order suspending the statement of record. When such statement has been amended in accordance with such order, the Director shall so declare and thereupon the order shall cease to be effective.
(e)The Director is hereby empowered to make an examination in any case to determine whether an order should issue under subsection (d). In making such examination, the Director or anyone designated by him shall have access to and may demand the production of any books and papers of, and may administer oaths and affirmations to and examine, the developer, any agents or any other person, in respect of any matter relevant to the examination. If the developer or any agents shall fail to cooperate, or shall obstruct or refuse to permit the making of an examination, such conduct shall be proper ground for the issuance of an order suspending the statement of record.
(f)Any notice required under this section shall be sent to or served on the developer or his authorized agent.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2010—Pub. L. 111–203 substituted “Director” for “Secretary” wherever appearing.

Statutory Notes and Related Subsidiaries

Effective Date

of 2010 AmendmentAmendment by Pub. L. 111–203 effective on the designated transfer date, see section 1100H of Pub. L. 111–203, set out as a note under section 552a of Title 5, Government Organization and Employees.

Effective Date

Section effective upon the expiration of two hundred and seventy days after Aug. 1, 1968, see section 1423 of Pub. L. 90–448, set out as a note under section 1701 of this title.

Reference

Citations & Metadata

Citation

15 U.S.C. § 1706

Title 15Commerce and Trade

Last Updated

Apr 6, 2026

Release point: 119-73