Vermont Statutes
Chapter 150 - Securities Act
§ 5502. Prohibited conduct in providing investment advice

§ 5502. Prohibited conduct in providing investment advice
(a) It is unlawful for a person that advises others for compensation, either directly or indirectly or through publications or writings, as to the value of securities or the advisability of investing in, purchasing, or selling securities or that, for compensation and as part of a regular business, issues or adopts analyses or reports relating to securities:
(1) to employ a device, scheme, or artifice to defraud another person;
(2) to make an untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements made, in light of the circumstances under which they were made, not misleading; or
(3) to engage in an act, practice, or course of business that operates or would operate as a fraud or deceit upon another person.
(b) A rule adopted under this chapter may define an act, practice, or course of business of an investment adviser or an investment adviser representative, other than a supervised person of a federal covered investment adviser, as fraudulent, deceptive, or manipulative, and prescribe means reasonably designed to prevent investment advisers and investment adviser representatives, other than supervised persons of a federal covered investment adviser, from engaging in acts, practices, and courses of business defined as fraudulent, deceptive, or manipulative.
(c) A rule adopted under this chapter may specify the contents of an investment advisory contract entered into, extended, or renewed by an investment adviser. (Added 2005, No. 11, § 1, eff. Jan. 1, 2006.)

Structure Vermont Statutes

Vermont Statutes

Title 9 - Commerce and Trade

Chapter 150 - Securities Act

§ 5101. Short title

§ 5102. Definitions

§ 5103. References to federal statutes

§ 5104. References to federal agencies

§ 5105. Electronic records and signatures

§ 5201. Exempt securities

§ 5202. Exempt transactions

§ 5203. Additional exemptions and waivers

§ 5204. Denial, suspension, revocation, condition, or limitations of exemptions

§ 5301. Securities registration requirement

§ 5302. Notice filing

§ 5303. Securities registration by coordination

§ 5304. Securities registration by qualification

§ 5305. Securities registration filings

§ 5306. Denial, suspension, and revocation of securities registration

§ 5307. Waiver and modification

§ 5401. Broker-dealer registration requirement and exemptions

§ 5402. Agent registration requirement and exemptions

§ 5403. Investment adviser registration requirement and exemptions

§ 5404. Investment adviser representative registration requirement and exemptions

§ 5405. Federal covered investment adviser notice filing requirement

§ 5406. Registration by broker-dealer, agent, investment adviser, and investment adviser representative

§ 5407. Succession and change in registration of broker-dealer or investment adviser

§ 5408. Termination of employment or association of agent and investment adviser representative and transfer of employment or association

§ 5409. Withdrawal of registration of broker-dealer, agent, investment adviser, and investment representative

§ 5410. Filing fees

§ 5411. Postregistration requirements

§ 5412. Denial, revocation, suspension, withdrawal, restriction, condition, or limitations of registration

§ 5501. General fraud

§ 5502. Prohibited conduct in providing investment advice

§ 5503. Evidentiary burden

§ 5504. Filing of sales and advertising literature

§ 5505. Misleading filings

§ 5506. Misrepresentations concerning registration or exemption

§ 5507. Qualified immunity

§ 5508. Criminal penalties

§ 5509. Civil liability

§ 5510. Rescission offers

§ 5601. Administration

§ 5602. Investigations and subpoenas

§ 5603. Civil enforcement

§ 5604. Administrative enforcement

§ 5605. Rules, forms, orders, interpretative opinions, and hearings

§ 5606. Administrative files and opinions

§ 5607. Public records; confidentiality

§ 5608. Uniformity and cooperation with other agencies

§ 5609. Judicial review

§ 5610. Jurisdiction

§ 5611. Service of process

§ 5612. Severability clause

§ 5613. Collection and disposition of fees

§ 5614. Recovery of expenses

§ 5616. Vermont Financial Services Education and Victim Restitution Special Fund

§ 5617. Vermont Whistleblower Award and Protection Act