Burden of Proof

Act 284 of 1972, § 612, under PENNSYLVANIA SECURITIES ACT OF 1972.

Act 284 of 1972, § 612

Section 612. Burden of Proof.--(a) In a civil action or administrative proceeding under this act, a person claiming status as a federally covered security or adviser or an exemption, exception or exclusion from a definition has the burden of proving the availability of the status, exemption, exception or exclusion.

(b) In a proceeding for a criminal violation of this act, a person claiming status as a federally covered security adviser or an exemption, exception or exclusion from a definition has the burden of going forward with evidence of the claim, exemption, exception or exclusion.

(612 added July 4, 2002, P.L.721, No.108)