Section 412. (a) The secretary may from time to time make, amend, and rescind such rules, forms, and orders as are necessary to carry out the provisions of this chapter, including rules and forms governing registration statements, applications, and reports, and defining any terms, whether or not used in this chapter, insofar as the definitions are not inconsistent with the provisions of this chapter. For the purpose of rules and forms, the secretary may classify securities, persons, and matters within its jurisdiction, and prescribe different requirements for different classes.
(b) No rule, form, or order may be made, amended, or rescinded unless the secretary finds that the action is necessary or appropriate in the public interest or for the protection of investors and consistent with the purposes fairly intended by the policy and provisions of this chapter. In prescribing rules and forms the secretary may cooperate with the securities administrators of the other states and the Securities and Exchange Commission with a view to effectuating the policy of this statute to achieve maximum uniformity in the form and content of registration statements, applications, and reports wherever practicable.
(c) The secretary may by rule or order prescribe (1) the form and content of financial statements required under this chapter, (2) the circumstances under which consolidated financial statements shall be filed, and (3) whether any required financial statements shall be certified by independent or certified public accountants. All financial statements shall be prepared in accordance with generally accepted accounting practices.
(d) All rules and forms of the secretary shall be published pursuant to sections six and six A of chapter thirty A.
(e) No provision of this chapter imposing any liability applies to any act done or omitted in good faith in conformity with any rule, form, or order of the secretary, notwithstanding that the rule, form, or order may later be amended or rescinded or be determined by judicial or other authority to be invalid for any reason.
(f) Every hearing in an administrative proceeding shall be public unless the secretary in his discretion grants a request joined in by all the respondents that the hearing be conducted privately.
(g) Assessments collected by the secretary pursuant to administrative actions may be used to assist investors. The assistance may include, but is not limited to, restitution for victims of financial fraud or other violations of this chapter.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title XV - Regulation of Trade
Chapter 110a - Uniform Securities Act
Section 101 - Sales and Purchases
Section 102 - Advisory Activities
Section 201 - Registration Requirement
Section 202 - Registration Procedure
Section 203 - Post–registration Provisions
Section 203a - Document Disclosing Material Facts
Section 204 - Denial, Revocation, Suspension, Cancellation, and Withdrawal of Registration
Section 301 - Registration Requirement
Section 302 - Registration by Coordination
Section 303 - Registration by Qualification
Section 304 - Provisions Applicable to Registration Generally
Section 305 - Denial, Suspension, and Revocation of Registration
Section 306 - Federal Covered Securities
Section 403 - Filing of Sales and Advertising Literature
Section 404 - Misleading Filings
Section 405 - Unlawful Representations Concerning Registration or Exemption
Section 406 - Administration of Chapter
Section 407 - Investigations and Subpoenas
Section 407a - Violations; Cease and Desist Orders; Costs
Section 409 - Criminal Penalties
Section 410 - Civil Liabilities
Section 411 - Judicial Review of Orders
Section 412 - Rules, Forms, Orders, and Hearings
Section 413 - Administrative Files and Opinions
Section 414 - Scope of the Act and Service of Process