Revised Code of Washington
Chapter 21.20 - Securities Act of Washington.
21.20.540 - Exemptions, exceptions, and preemptions—Burden of proof.

RCW 21.20.540
Exemptions, exceptions, and preemptions—Burden of proof.

In any proceeding under this chapter, the burden of proving an exemption, an exception from a definition, or a preemption of a provision of this chapter is upon the person claiming it.

[ 1998 c 15 § 21; 1959 c 282 § 54.]

Structure Revised Code of Washington

Revised Code of Washington

Title 21 - Securities and Investments

Chapter 21.20 - Securities Act of Washington.

21.20.005 - Definitions.

21.20.010 - Unlawful offers, sales, purchases.

21.20.020 - Unlawful acts of person advising another.

21.20.030 - Unlawful acts of investment adviser.

21.20.035 - Unlawful purchases or sales for customer's account.

21.20.037 - Variable contracts—Registration required—Rules.

21.20.040 - Registration and notification required—Exemptions.

21.20.050 - Application for registration—Filing of documents—Consent to service of process—Fee.

21.20.060 - Contents of application for registration—Capital requirements.

21.20.070 - When registration effective—Requirements determined by rule.

21.20.080 - Duration of registration—Association with issuer, broker-dealer, federal covered adviser, or investment adviser—Notice to director—Extension of licensing period.

21.20.090 - Renewal of registration—Financial reports—Application for a successor.

21.20.100 - Accounts, correspondence, memoranda, papers, books, and other records—Release of information—Correction of filed document—Examination.

21.20.110 - Director may deny, suspend, revoke, restrict, condition, or limit any application or registration—Director may censure or fine registrant—Grounds—Procedures—Costs—Accounting.

21.20.120 - Denial, suspension, revocation of registration—Order—Request for, notice of hearing—Findings and conclusions.

21.20.130 - Cancellation of registration or application—Grounds.

21.20.135 - License as salesperson or broker-dealer prerequisite to suit for commission.

21.20.140 - Unlawful to offer or sell unregistered securities—Exceptions.

21.20.180 - Registration by coordination—Requirements—Statement, contents.

21.20.190 - Time of taking effect of registration statement by coordination—Conditions—"Price amendment", notification.

21.20.200 - Failure to notify of price amendment, proof of compliance—Stop order—Waiver of certain conditions.

21.20.210 - Registration by qualification—Statements—Requirements—Audits.

21.20.220 - Information not required when nonissuer distribution.

21.20.230 - Time of taking effect of registration statement by qualification—Conditions.

21.20.240 - Registration statements—Generally.

21.20.250 - Registration by qualification or coordination—Escrow—Impounding proceeds.

21.20.260 - Registration by coordination or qualification—Offer and sale—Duration of effectiveness.

21.20.270 - Reports by filer of statement—Annual financial statements.

21.20.275 - Pending registration—Notice of termination—Application for continuation.

21.20.280 - Stop orders—Grounds.

21.20.290 - Stop order prohibited if facts known on effective date of statement.

21.20.300 - Notification of entry of stop order—Hearing—Findings, conclusions, modification, etc.

21.20.310 - Securities exempt from registration.

21.20.320 - Exempt transactions.

21.20.325 - Denial, revocation, condition, of exemptions—Authority—Procedure.

21.20.327 - Required filings—Consent to service—Failure to comply—Rules—Fees.

21.20.330 - Consent to service of process—Service, how made.

21.20.340 - Fees—Disposition.

21.20.350 - False or misleading statements in filed documents.

21.20.360 - Filing, registration, statement, exemption not conclusive as to truth or completeness—Unlawful representations.

21.20.370 - Investigations—Statement of facts relating to investigation may be permitted—Publication of information—Use of criminal history record information.

21.20.377 - Subpoena authority—Application—Contents—Notice—Fees.

21.20.380 - Oaths—Subpoenas—Assisting another state—Compelling obedience—Punishment.

21.20.390 - Injunction, cease and desist order, restraining order, mandamus—Appointment of receiver or conservator for insolvent—Restitution or damages—Costs—Accounting.

21.20.395 - Administrative action—Hearing—Judicial review—Judgment.

21.20.400 - Penalty for violation of chapter—Limitation of actions.

21.20.410 - Attorney general, prosecuting attorney may institute criminal proceeding—Referral of evidence by director.

21.20.420 - Criminal punishment, chapter not exclusive.

21.20.430 - Civil liabilities—Survival, limitation of actions—Waiver of chapter void—Scienter.

21.20.435 - Assurance of discontinuance of violations—Acceptance—Filing.

21.20.440 - Judicial review of order—Modification of order by director on additional evidence.

21.20.450 - Administration of chapter—Rules and forms, publication—Cooperation with other state and federal authorities.

21.20.460 - Administrator of securities—Appointment, qualifications, term, etc.

21.20.470 - Compensation, travel expenses of administrator and employees.

21.20.480 - Unlawful use or disclosure of filed information.

21.20.490 - No liability under chapter for act in good faith.

21.20.500 - Administrative hearings public—Exception.

21.20.510 - Document filed when received—Register—Inspection of register, information, etc.

21.20.520 - Copies of entries, documents to be furnished—Copies as prima facie evidence.

21.20.530 - Interpretative opinions by director.

21.20.540 - Exemptions, exceptions, and preemptions—Burden of proof.

21.20.700 - Investigations and examinations—Additional authority—Scope.

21.20.702 - Suitability of recommendation—Reasonable grounds required.

21.20.810 - Application of chapter not limited.

21.20.855 - Examination reports and information—Exempt from public disclosure—Use in civil actions.

21.20.860 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.

21.20.880 - Small securities offerings—Exemptions—Annual reports—Disqualification provisions—Rules.

21.20.900 - Construction to secure uniformity.

21.20.910 - Saving—Civil, criminal proceedings.

21.20.915 - Saving—Prior effective registrations.

21.20.920 - Application of prior law.

21.20.925 - Judicial review of prior administrative orders.

21.20.930 - Solicitation permits under insurance laws not limited.

21.20.935 - Repealer.

21.20.940 - Short title.