59.045 Authority of director to deny, withdraw or condition exemptions
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/or/ors-chapter-59/securities-regulation/59-045·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
59.045 Authority of director to deny, withdraw or condition exemptions.
(1)The Director of the Department of Consumer and Business Services may by rule or order, as to any security or any type of security transaction:
(a)Deny, withdraw or condition the exemptions allowed by ORS 59.025 and 59.035 if, in the director’s opinion, the further sale of the security in this state would work a fraud or imposition upon the purchaser.
(b)Waive the conditions of ORS 59.035 (3)(b) and (12)(a)(B).
(c)Provide which exemptions may or may not be used in connection with other exemptions or provide procedures for determining which offerings are or are not integrated with other offerings within the same or other exemptions.
(2)The director may by order withdraw, condition or deny the use of any exemption by a person if the director has reason to believe that the person has engaged in or is about to engage in an act or practice constituting a violation of the Oregon Securities Law or that the use of any exemption by that person would work a fraud or imposition on purchasers.
(3)No person shall be liable under the Oregon Securities Law by reason of the withdrawal of an exemption under this section if that person sustains the burden of proof that that person did not know, and in the exercise of reasonable care could not have known of the withdrawal. [1967 c.537 §6; 1973 c.366 §3; 1985 c.349 §4]