Title XII, BUSINESS ENTITIES (Ch. 486 - 504C)

1. Issuance of an order or notice. If the administrator determines that a person has engaged, is engaging, or is about to engage in an act, practice, or course of business constituting a violation of this chapter or a rule adopted or order issued under this chapter or that a pers…

The administrator or the administrator’s designee, when carrying out the provisions of section 502.603 or 502.604 , may develop, share, and receive information related to any law enforcement purpose, including any criminal investigation. An insurance fraud bureau investigator sha…

1. Issuance and adoption of forms, orders, and rules. Pursuant to chapter 17A , the administrator may do any of the following: a. Issue forms and orders and, after notice and comment, may adopt and amend rules necessary or appropriate to carry out this chapter and may repeal rule…

1. Public register of filings. The administrator shall maintain, or designate a person to maintain, a register of applications for registration of securities; registration statements; notice filings; applications for registration of broker-dealers, agents, investment advisers, an…

1. Presumption of public records. Except as otherwise provided in subsection 2 , records obtained by the administrator or filed under this chapter , including a record contained in or filed with a registration statement, application, notice filing, or report, are public records a…

1. Objective of uniformity. The administrator shall, in its discretion, cooperate, coordinate, consult, and, subject to section 502.607 , share records and information with the securities regulator of another state, Canada, a Canadian province or territory, a foreign jurisdiction…

A final order issued by the administrator under this chapter is subject to judicial review in accordance with chapter 17A . [SS15, §1920-u5; C24, 27, §8534, 8535; C31, 35, §8581-c9; C39, § 8581.09; C46, 50, 54, 58, 62, 66, 71, 73, 75, §502.9; C77, 79, 81, §502.609 ] 91 Acts, ch 4…

1. Sales and offers to sell. Sections 502.301 , 502.302 , section 502.401, subsection 1 , section 502.402, subsection 1 , section 502.403, subsection 1 , section 502.404, subsection 1 , and sections 502.501 , 502.506 , 502.509 , and 502.510 do not apply to a person that sells or …

1. Signed consent to service of process. A consent to service of process required by this chapter must be signed and filed in the form required by a rule or order under this chapter . A consent appointing the administrator as a person’s agent for service of process in a noncrimin…

If any provision of this chapter or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provision…

1. A joint investment trust organized pursuant to chapter 28E for the purposes of joint investment of public funds is subject to the jurisdiction and authority of the administrator, including all requirements of this chapter , except the registration provisions of sections 502.30…

For purposes of this article, unless the context otherwise requires: 1. “Eligible adult” means any of the following: a. A person sixty-five years of age or older. b. A dependent adult as defined in section 235B.2 . 2. “Financial exploitation” means any act or omission taken by a …

If a broker-dealer, investment adviser, or qualified individual reasonably believes financial exploitation of an eligible adult has occurred, has been attempted, or is being attempted, the broker-dealer, investment adviser, or qualified individual may promptly notify the administ…

A broker-dealer, investment adviser, or qualified individual who, acting reasonably and in good faith, makes a disclosure of information to the administrator pursuant to this article shall be immune from administrative or civil liability that might otherwise arise from such discl…

1. If a broker-dealer, investment adviser, or qualified individual reasonably believes financial exploitation of an eligible adult has occurred, has been attempted, or is being attempted, the broker-dealer, investment adviser, or qualified individual may notify a permissible thir…

A broker-dealer, investment adviser, or qualified individual who, acting reasonably and in good faith, complies with section 502.804 shall be immune from any administrative or civil liability that might otherwise arise from such disclosure. 2021 Acts, ch 137, §7

1. If a broker-dealer, investment adviser, or qualified individual reasonably believes a disbursement or transaction will likely result in or contribute to the financial exploitation of an eligible adult, the broker-dealer, investment adviser, or qualified individual shall initia…

A broker-dealer or investment adviser who, acting reasonably and in good faith, complies with section 502.806 shall be immune from any administrative or civil liability that might otherwise arise from such delay in a disbursement or transaction. 2021 Acts, ch 137, §9

1. A broker-dealer or investment adviser shall provide to its qualified individuals training appropriate to the job responsibilities of a qualified individual. The training shall include all of the following: a. Instruction on how to identify the suspected or attempted exploitati…

A broker-dealer or investment adviser shall provide access to or copies of records that are relevant to the suspected or attempted financial exploitation of an eligible adult to the administrator, either as part of a notification to the administrator pursuant to section 502.802 ,…

Annually, on or before January 15 of each year, the insurance division shall submit a report to the governor and the general assembly concerning the notifications the insurance division received related to the potential financial exploitation of eligible adults, and the insurance…