Sec. 5-15. Denial or revocation of exemptions.

751 words·~3 min read·/il/chapter-815/act-602/5-15

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)The Secretary of State may by order deny or revoke any exemption specified in Section 5-10 of this Law with respect to a particular offering of one or more business opportunities. No such order may be entered without appropriate prior notice to all interested parties, opportunity for hearing, and written findings of fact and conclusions of law.

(b)If the public interest or the protection of purchasers so requires, the Secretary of State may by summary order deny or revoke any of the specified exemptions pending final determination of any proceedings under this Section. Upon the entry of the order, the Secretary of State shall promptly notify all interested parties that it has been entered and of the reasons therefor and that the matter will be set for hearing upon written request filed with the Secretary of State within 30 days after the receipt of the request by the respondent. If no hearing is requested and none is ordered by the Secretary of State, the order will remain in effect until it is modified or vacated by the Secretary of State. If a hearing is requested and none is ordered by the Secretary of State, the order will remain in effect until it is modified or vacated by the Secretary of State. If a hearing is requested or ordered, the Secretary of State, after notice of an opportunity for hearing to all interested persons, may modify or vacate the order or extend it until final determination.

(c)No order under this Section may operate retroactively.

(d)No person may be considered to have violated Section 5-25 by reason of any offer or sale effected after the entry of an order under paragraph

(1)of Section 5-65 of this Law if he or she sustains the burden of proof that he or she did not know, and in the exercise of reasonable care could not have known, of the order.

(e)Notwithstanding any provision to the contrary, this Law shall not apply to

(i)any dealer, salesperson, or investment adviser registered under the Illinois Securities Law of 1953 or any investment adviser representative, or any person who is regularly engaged in the business of offering or selling securities in a transaction exempted under subsection C, H, M, R, Q, or S of Section 4 of the Illinois Securities Law of 1953 or subsection G of Section 4 of the Illinois Securities Law of 1953 provided that such person is registered under the federal securities law,

(ii)an associated person described in subdivision (h)(2) of Section 15 of the Federal 1934 Act,

(iii)an investment adviser registered under Section 203 of the Federal 1940 Investment Advisers Act, or

(iv)a person described in subdivision (a)(11) of Section 202 of the Federal 1940 Investment Advisers Act.

(f)This Law shall not be deemed to apply in any manner, directly or indirectly, to:

(i)a State bank or national bank, as those terms are defined in the Illinois Banking Act, or any subsidiary of a State bank or national bank;

(ii)a bank holding company, as that term is defined in the Illinois Bank Holding Company Act of 1957, or any subsidiary of a bank holding company;

(iii)a foreign banking corporation, as that term is defined in the Foreign Banking Office Act, or any subsidiary of a foreign banking corporation;

(iv)a representative office, as that term is defined in the Foreign Bank Representative Office Act,

(v)a corporate fiduciary, as that term is defined in the Corporate Fiduciary Act, or any subsidiary of a corporate fiduciary;

(vi)a savings bank organized under the Savings Bank Act, or a federal savings bank organized under federal law, or any subsidiary of a savings bank or federal savings bank;

(vii)a savings bank holding company organized under the Savings Bank Act, or any subsidiary of a savings bank holding company;

(viii)an association or federal association, as those terms are defined in the Illinois Savings and Loan Act of 1985, or any subsidiary of an association or federal association;

(ix)a foreign savings and loan association or foreign savings bank subject to the Illinois Savings and Loan Act of 1985, or any subsidiary of a foreign savings and loan association or foreign savings bank; or

(x)a savings and loan association holding company, as that term is defined in the Illinois Savings and Loan Act of 1985, or any subsidiary of a savings and loan association holding company.