(a) The Securities Commissioner shall, in its discretion, cooperate, coordinate, consult, and, subject to Section 35-1-607, share records and information with the securities regulator of another State, Canada, a Canadian province or territory, a foreign jurisdiction, the Securities and Exchange Commission, the United States Department of Justice, the Commodity Futures Trading Commission, the Federal Trade Commission, the Securities Investor Protection Corporation, a self-regulatory organization, a national or international organization of securities regulators, a federal or state banking and insurance regulator, and a governmental law enforcement agency to effectuate greater uniformity in securities matters among the federal government, self-regulatory organizations, States, and foreign governments.
(b) In cooperating, coordinating, consulting, and sharing records and information under this section and in acting by rule, order, or waiver under this chapter, the Securities Commissioner shall, in its discretion, take into consideration in carrying out the public interest the following general policies:
(1) maximizing effectiveness of regulation for the protection of investors;
(2) maximizing uniformity in federal and state regulatory standards; and
(3) minimizing burdens on the business of capital formation, without adversely affecting essentials of investor protection.
(c) The cooperation, coordination, consultation, and sharing of records and information authorized by this section includes:
(1) establishing or employing one or more designees as a central depository for registration and notice filings under this chapter and for records required or allowed to be maintained under this chapter;
(2) developing and maintaining uniform forms;
(3) conducting a joint examination or investigation;
(4) holding a joint administrative hearing;
(5) instituting and prosecuting a joint civil or administrative proceeding;
(6) sharing and exchanging personnel;
(7) coordinating registrations under Sections 35-1-301 and 35-1-401 through 35-1-404 and exemptions under Section 35-1-203;
(8) sharing and exchanging records, subject to Section 35-1-607;
(9) formulating rules, statements of policy, guidelines, forms, and interpretative opinions and releases;
(10) formulating common systems and procedures;
(11) notifying the public of proposed rules, forms, statements of policy, and guidelines;
(12) attending conferences and other meetings among securities regulators, which may include representatives of governmental and private sector organizations involved in capital formation, deemed necessary or appropriate to promote or achieve uniformity; and
(13) developing and maintaining a uniform exemption from registration for small issuers, and taking other steps to reduce the burden of raising investment capital by small businesses.
HISTORY: 2005 Act No. 110, Section 1, eff January 1, 2006.
Structure South Carolina Code of Laws
Chapter 1 - South Carolina Uniform Securities Act Of 2005
Section 35-1-101. Short title.
Section 35-1-102. Definitions.
Section 35-1-103. References to federal statutes.
Section 35-1-104. References to federal agencies.
Section 35-1-105. Electronic records and signatures.
Section 35-1-201. Exempt securities.
Section 35-1-202. Exempt transactions.
Section 35-1-203. Additional exemptions and waivers.
Section 35-1-204. Denial, suspension, revocation, condition, or limitation of exemptions.
Section 35-1-301. Securities registration requirement.
Section 35-1-302. Notice filing.
Section 35-1-303. Securities registration by coordination.
Section 35-1-304. Securities registration by qualification.
Section 35-1-305. Securities registration filings.
Section 35-1-306. Denial, suspension, and revocation of securities registration.
Section 35-1-307. Waiver and modification.
Section 35-1-401. Broker-dealer registration requirement; exemptions.
Section 35-1-402. Agent registration requirement and exemptions.
Section 35-1-403. Investment adviser registration requirement; exemptions.
Section 35-1-404. Investment advisor representative registration requirement; exemptions.
Section 35-1-405. Federal covered investment adviser notice filing requirement.
Section 35-1-407. Succession and change in registration of broker-dealer or investment adviser.
Section 35-1-410. Examination and filing fee requirements.
Section 35-1-411. Postregistration requirements.
Section 35-1-501. General fraud.
Section 35-1-502. Prohibited conduct in providing investment advice regarding securities.
Section 35-1-503. Evidentiary burden.
Section 35-1-504. Filing of sales and advertising literature.
Section 35-1-505. Misleading filings.
Section 35-1-506. Misrepresentations concerning registration or exemption.
Section 35-1-507. Qualified immunity.
Section 35-1-508. Criminal penalties.
Section 35-1-509. Civil liability.
Section 35-1-510. Rescission offers.
Section 35-1-601. Administration.
Section 35-1-602. Investigations and subpoenas.
Section 35-1-603. Civil enforcement.
Section 35-1-604. Administrative enforcement.
Section 35-1-605. Rules, forms, orders, interpretative opinions, and hearings.
Section 35-1-606. Administrative files and opinions.
Section 35-1-607. Public records; confidentiality.
Section 35-1-608. Uniformity and cooperation with other agencies.
Section 35-1-609. Judicial review.
Section 35-1-610. Jurisdiction.
Section 35-1-611. Service of process.
Section 35-1-612. Severability clause.
Section 35-1-701. Application of act to existing proceeding and existing rights and duties.
Section 35-1-703. Effective date.
Section 35-1-800. Definitions.
Section 35-1-810. Notification of agencies.
Section 35-1-830. Disclosure of financial exploitation to designated third party.
Section 35-1-850. Delay of a disbursement or transaction due to suspected financial exploitation.