A person aggrieved by a final order of the Securities Commissioner may obtain a review of the order in the Richland County Court of Common Pleas by filing in the court, within thirty days after entry of the order, a written petition praying that the order may be modified or set aside in whole or in part. The aggrieved person, upon filing a petition, may move before the court in which the petition is filed to stay the effectiveness of the Securities Commissioner's final order until such time as the court has reviewed the order. If the court orders a stay, the aggrieved person must post any bond set by the court in which a petition is filed. A copy of the petition must be served upon the Securities Commissioner, and the Securities Commissioner shall certify and file in court a copy of the filing and evidence upon which the order was entered. When these have been filed, the court has exclusive jurisdiction to affirm, modify, enforce or set aside the order, in whole or in part. The findings of the Securities Commissioner as to the facts, if supported by competent, material, and substantial evidence, are conclusive.
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.