DAR File No. 41885
This notice was published in the August 1, 2017, issue (Vol. 2017, No. 15) of the Utah State Bulletin.
Commerce, Securities
Rule R164-1
Fraudulent Practices
Five-Year Notice of Review and Statement of Continuation
DAR File No.: 41885
Filed: 07/03/2017 08:38:20 AM
NOTICE OF REVIEW AND STATEMENT OF CONTINUATION
Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:
This rule is authorized by Subsection 61-1-24(1)(a) of the Utah Uniform Securities Act, which authorizes the Division to make, amend, or rescind a rule when necessary to carry out the chapter. Under Subsection 61-1-1(3) of the Utah Uniform Securities Act, it is unlawful for any person to engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person. Pursuant to Subsection 61-1-24(1)(a), this rule identifies specific acts and practices that are deemed fraudulent under Subsection 61-1-1(3).
Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:
No comments have been received.
Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:
This rule assists licensees, the public and courts in interpreting "act, practice, or course of business which operates or would operate as a fraud or deceit upon any person". Therefore, this rule should be continued. The list is not all-inclusive but provides examples of conduct deemed to be fraudulent in nature.
The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:
CommerceSecurities
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316
Direct questions regarding this rule to:
- Charles Lyons at the above address, by phone at 801-530-6940, by FAX at 801-530-6980, or by Internet E-mail at [email protected]
- Keith Woodwell at the above address, by phone at 801-530-6606, by FAX at 801-530-6980, or by Internet E-mail at [email protected]
Effective:
07/03/2017
Authorized by:
Keith Woodwell, Director
Additional Information
More information about a Five-Year Notice of Review and Statement of Continuation is available online.
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull_pdf/2017/b20170801.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
For questions regarding the content or application of this rule, please contact Charles Lyons at the above address, by phone at 801-530-6940, by FAX at 801-530-6980, or by Internet E-mail at [email protected]; Keith Woodwell at the above address, by phone at 801-530-6606, by FAX at 801-530-6980, or by Internet E-mail at [email protected]. For questions about the rulemaking process, please contact the Office of Administrative Rules.