reglab/housing_qa huggingface dataset:
6 DE Code § 73-210. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 73. Securities Act|Subchapter II. Provisions Relating to the Offer, Sale, and Purchase of Securities|§ 73-210. Unlawful representations concerning registration, notice filing or exemption.

§ 73-210. Unlawful representations concerning registration, notice filing or exemption. (a) Neither the fact that a notice filing under this chapter, an application for registration under this chapter, or a registration statement under this chapter has been filed, nor the fact that a person or security is effectively registered, constitutes a finding by the Director that any document filed under this chapter is true, complete and not misleading. Neither any such fact nor the fact that an exemption or exception is available for a security or a transaction means that the Director has passed in any way upon the merits or qualifications of, or recommended or given approval to, any person, security, or transaction. (b) It is unlawful to make, or cause to be made, to any prospective purchaser, customer, or client any representation inconsistent with subsection (a) of this section. 6 Del. C. 1953, §  7311;  59 Del. Laws, c. 208, §  1;  71 Del. Laws, c. 162, §§  12, 13;  78 Del. Laws, c. 175, §§  96, 118;  79 Del. Laws, c. 182, §  3;
6 DE Code § 73-211. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 73. Securities Act|Subchapter II. Provisions Relating to the Offer, Sale, and Purchase of Securities|§ 73-211. Filing of sales and advertising literature.

§ 73-211. Filing of sales and advertising literature. The Director may by rule or order require the filing of any prospectus, pamphlet, circular, form letter, advertisement or other sales literature or advertising communication addressed or intended for distribution to prospective investors, including clients or prospective clients of an investment adviser unless the security or transaction is exempted by § 73-207 of this title or is a federal covered security. 6 Del. C. 1953, §  7312;  59 Del. Laws, c. 208, §  1;  71 Del. Laws, c. 162, §  14;  78 Del. Laws, c. 175, §§  40, 97, 118;  79 Del. Laws, c. 182, §  3;
6 DE Code § 73-306. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 73. Securities Act|Subchapter III. Provisions Relating to Broker-Dealers, Broker-Dealer Agents, Issuer Agents, Investment Advisers, Federal Covered Advisers, and Investment Adviser Representatives|§ 73-306. Trading markets.

§ 73-306. Trading markets. (a) It is unlawful for any broker-dealer, agent, investment adviser or investment adviser representative to effect transactions in, trade or quote any security unless such security is covered by regulations under the Securities Exchange Act of 1934 [15 U.S.C. § 78a et seq.] or unless the filing provisions of this chapter have been complied with in regard to such security. (b) Except as provided otherwise by § 18 of the Securities Act of 1933 [15 U.S.C. § 77r], the Director is empowered to suspend trading in any security for a period of 10 days in the public interest. 6 Del. C. 1953, §  7318;  59 Del. Laws, c. 208, §  1;  71 Del. Laws, c. 162, §  24;  78 Del. Laws, c. 175, §§  103, 118;  79 Del. Laws, c. 182, §  3;
6 DE Code § 73-401. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 73. Securities Act|Subchapter IV. Provisions Relating to Investigations|§ 73-401. Authority to investigate.

§ 73-401. Authority to investigate. The Director, in the Director's own discretion, may make such public or private investigations within or outside of this State as the Director deems necessary to determine whether any person has violated or is about to violate any provision of this chapter or any rule or order hereunder, or to aid in the enforcement of this chapter or in the prescribing of rules and forms hereunder, may require or permit any person to file a statement in writing, under oath or otherwise as the Director determines, as to all the facts and circumstances concerning the matter to be investigated, and may publish information concerning any violation of this chapter or any rule or order hereunder. 78 Del. Laws, c. 175, §  115 118;  79 Del. Laws, c. 182, §  3;
6 DE Code § 73-402. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 73. Securities Act|Subchapter IV. Provisions Relating to Investigations|§ 73-402. Subpoena power.

§ 73-402. Subpoena power. For the purpose of any investigation or proceeding under this chapter, the Director, or any officer designated by the Director, may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, agreements, or other documents or records which the Director deems relevant or material to the inquiry. The Director's authority to subpoena witnesses and documents outside the State shall exist to the maximum extent permissible under federal constitutional law. 78 Del. Laws, c. 175, §  115 118;  79 Del. Laws, c. 182, §  3;
6 DE Code § 73-403. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 73. Securities Act|Subchapter IV. Provisions Relating to Investigations|§ 73-403. Failure to comply with subpoena.

§ 73-403. Failure to comply with subpoena. In case of contumacy by, or refusal to obey a subpoena issued to, any person, the Court of Chancery, upon application by the Director, may issue to the person an order requiring that person to appear before the Court of Chancery or the designated officer, there to produce documentary evidence if so ordered or to give evidence touching the matter under investigation or in question. Failure to obey the order of the Court may be punished by the Court as a contempt of Court. 78 Del. Laws, c. 175, §§  115, 118;  79 Del. Laws, c. 182, §  3;
6 DE Code § 73-404. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 73. Securities Act|Subchapter IV. Provisions Relating to Investigations|§ 73-404. Immunity from prosecution.

§ 73-404. Immunity from prosecution. No person is excused from attending and testifying or from producing any document or record before the Director, or in obedience to the subpoena of the Director or any designated officer or in any proceeding instituted by the Director, on the ground that the testimony or evidence (documentary or otherwise) required of that person may tend to incriminate or subject that person to penalty or forfeiture; but no individual may be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which the person is compelled, after claiming privilege against self-incrimination, to testify or produce evidence (documentary or otherwise), except that the individual testifying is not exempt from prosecution and punishment for perjury or contempt committed in testifying. 78 Del. Laws, c. 175, §§  115, 118;  79 Del. Laws, c. 182, §  3;
6 DE Code § 73-501. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 73. Securities Act|Subchapter V. Administrative Enforcement Proceedings|§ 73-501. Authority to prosecute administrative enforcement proceedings.

§ 73-501. Authority to prosecute administrative enforcement proceedings. The Investor Protection Unit, under the direction of the Director, shall have the authority to prosecute administrative proceedings to enforce the provisions of this chapter. 78 Del. Laws, c. 175, §§  116, 118;  79 Del. Laws, c. 182, §§  1, 3;
6 DE Code § 73-502. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 73. Securities Act|Subchapter V. Administrative Enforcement Proceedings|§ 73-502. Judicial review.

§ 73-502. Judicial review. (a) Any party aggrieved by an order of the Director may appeal such order to the Court of Chancery as follows:  (1) The party must file a notice of appeal with the Court, and serve a copy thereof on the Director, within 30 days of the date the notice of the order was sent to the party. (2) Upon receiving service of a copy of the notice of appeal, the Director shall cause a transcription of the record to be prepared. Upon the completion of the transcription of the record, the Director shall present to the appellant or appellants a demand for the payment of the cost of transcribing the record. Where there are multiple appellants, the cost of transcribing the record shall be charged to the appellants on a pro rata basis. (3) Within 10 days of receipt of the demand for payment of the cost of transcribing the record, each appellant shall present to the Director the payment demanded. If any appellant fails within the 10-day period to present such payment, the Court shall dismiss that appellant's appeal for lack of jurisdiction. (4) Within 20 days of receipt of a payment required by paragraph (a)(3) of this section from any appellant, the Director shall certify and file the record with the Court. (b) When the record has been filed and certified by the Director, the Court of Chancery has exclusive jurisdiction to affirm, modify, enforce or set aside the order, in whole or in part. The findings of the Director as to the facts, if supported by material and substantial evidence, are conclusive. If, within 20 days of the filing of the record by the Director, either party applies to the Court for leave to adduce material evidence, and shows to the satisfaction of the Court that there were reasonable grounds for failure to adduce the evidence in the hearing before the Director, the Court may order the additional evidence to be taken before the Director and to be adduced upon the hearing in such manner and upon such conditions as the Court considers proper. (c) The commencement of the proceedings under subsection (a) of this section does not, unless specifically ordered by the Court, operate as a stay of the Director's order. 6 Del. C. 1953, §  7324;  59 Del. Laws, c. 208, §  1;  67 Del. Laws, c. 274, §  11;  68 Del. Laws, c. 181, §  31;  78 Del. Laws, c. 175, §§  76, 108, 118;  79 Del. Laws, c. 182, §  3;
6 DE Code § 73-503. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 73. Securities Act|Subchapter V. Administrative Enforcement Proceedings|§ 73-503. Statute of limitations.

§ 73-503. Statute of limitations. (a) In any administrative, civil or criminal action brought by the Director seeking registration suspension or revocation, fines, costs, restitution or imprisonment, no more than 5 years shall have passed from the date of the violation to the date of the initiation of the proceeding. (b) This 5-year limit shall not apply to registration denial proceedings. 68 Del. Laws, c. 181, §  23;  78 Del. Laws, c. 175, §§  114, 118;  79 Del. Laws, c. 182, §  3;
6 DE Code § 73-601. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 73. Securities Act|Subchapter VI. Remedies for Violations|§ 73-601. Administrative remedies.

§ 73-601. Administrative remedies. (a) In any administrative proceeding before the Director, the Director may issue orders providing for the following remedies: cease and desist; fine, assessment of costs; restitution to investors; conditional or probationary registration; censure or reprimand; special reporting requirements; or other remedies which the Director determines to be in the public interest. (b) In addition to the remedies set forth in subsection (a) of this section, the Director may order the payment of fines and other monetary sanctions for any violation of any provision of this chapter in an amount not to exceed $10,000 for each and every violation, plus the costs of investigation and prosecution. (c) Whenever it appears that a person has violated or is about to violate this chapter by failing to register or engaging in fraud or other prohibited conduct, the Director may summarily issue a cease and desist order against that person. (1) Any person who is the subject of such an order shall be given notice of it as soon as practicable and may request a hearing before the Director, which hearing shall be scheduled within 15 days from the date the request is received. (2) If any person who is the subject of a cease and desist order, or any agent or employee of such person, subsequent to the issuance of the order engages in the prohibited conduct, the Director may certify the facts and apply for a contempt order to any Judge of the Superior Court, who shall upon such application hear the evidence as to the acts complained of. If the evidence warrants, the Judge shall punish such person in the same manner and to the same extent as for a contempt committed before the Superior Court, or shall commit such person upon the same conditions as if the doing of the forbidden act had occurred with reference to the process of, or in the presence of, the Superior Court.78 Del. Laws, c. 175, §§  117, 118;  79 Del. Laws, c. 182, §  3;
6 DE Code § 73-602. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 73. Securities Act|Subchapter VI. Remedies for Violations|§ 73-602. Injunctions.

§ 73-602. Injunctions. Whenever it appears to the Director that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this chapter or any rule or order hereunder, the Director may in the Director's own discretion bring an action in the Court of Chancery to temporarily restrain or to enjoin the acts or practices and to enforce compliance with this chapter or any rule or order hereunder. The Director may also seek, and the Court of Chancery shall upon proper showing grant, such other ancillary relief as is in the public interest including the appointment of a receiver, temporary receiver, conservator, obtaining of an accounting, orders of rescission, orders of restitution, or other relief as may be appropriate in the public interest. The Court shall not require the Director to post a bond. 6 Del. C. 1953, §  7320;  59 Del. Laws, c. 208, §  1;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 175, §§  104, 118;  79 Del. Laws, c. 182, §  3;
6 DE Code § 73-603. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 73. Securities Act|Subchapter VI. Remedies for Violations|§ 73-603. Escrow of funds.

§ 73-603. Escrow of funds. Whenever the Director shall deem it necessary in the public interest the Director may require that the proceeds of sale of the securities of an issuer be held intact until such proceeds aggregate a fixed amount and that such proceeds be held intact under an appropriate agreement of escrow with a bank or trust company approved by the Director. 6 Del. C. 1953, §  7321;  59 Del. Laws, c. 208, §  1;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 175, §§  105, 118;  79 Del. Laws, c. 182, §  3;
6 DE Code § 73-604. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 73. Securities Act|Subchapter VI. Remedies for Violations|§ 73-604. Criminal penalties.

§ 73-604. Criminal penalties. (a) Fraud of $50,000 or more; class E felony. — Any person who wilfully violates § 73-201 of this title, thereby causing any investor or investors to lose $50,000 or more, shall upon conviction be fined not more than $200,000 or imprisoned not more than 5 years at Level V incarceration, or both, per violation. (b) Fraud of $10,000 or more; class F felony. — Any person who wilfully violates § 73-201 of this title, thereby causing any investor or investors to lose $10,000 or more, though less than $50,000, shall upon conviction be fined not more than $100,000 or imprisoned not more than 3 years at Level V incarceration, or both, per violation. (c) Other violations; class G felony. — Any person who wilfully violates any provision of this chapter, and whose offense is not covered by subsection (a) or (b) of this section, shall upon conviction be fined not more than $100,000 or imprisoned not more than 2 years at Level V incarceration, or both, per violation. (d) No indictment or information may be returned under this chapter more than 5 years after the alleged violation. The Superior Court shall have exclusive jurisdiction of any criminal violations of this chapter. (e) In addition to the penalties stated above, restitution to any investor or investors may be ordered. Nothing in this chapter limits the power of the State to punish any person for any conduct which otherwise constitutes a crime by statute. 6 Del. C. 1953, §  7322;  59 Del. Laws, c. 208, §  1;  67 Del. Laws, c. 274, §  10;  68 Del. Laws, c. 181, §  19;  78 Del. Laws, c. 175, §§  106, 118, 122;
6 DE Code § 73-701. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 73. Securities Act|Subchapter VII. Miscellaneous Provisions|§ 73-701. Administrative files.

§ 73-701. Administrative files. (a) A document is filed when it is received by the Director or a designee as stipulated by rule or order. Other than filing fees, the Director may waive document filing requirements. (b) The information contained in or filed with any registration statement, application, report or filing may be made available to the public under such rules as the Director prescribes. (c) It is unlawful for the Director or any employee to use for personal benefit any information which is filed with or obtained by the Director and which is not made public. No provision of this chapter authorizes the Director or any employee to disclose any such information except among themselves or when necessary or appropriate in a proceeding or investigation under this chapter except as provided in subsection (b) of this section above. (d) No provision of this chapter either creates or derogates from any privilege which exists at common law or otherwise when documentary or other evidence is sought under a subpoena directed to the Director or any of the Director's employees. 6 Del. C. 1953, §  7326;  59 Del. Laws, c. 208, §  1;  63 Del. Laws, c. 161, §  2;  68 Del. Laws, c. 181, §  24;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 162, §  26;  78 Del. Laws, c. 175, §  110 118;  79 Del. Laws, c. 182, §  3;
6 DE Code § 73-702. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 73. Securities Act|Subchapter VII. Miscellaneous Provisions|§ 73-702. Service of process.

§ 73-702. Service of process. Every applicant for registration under this chapter, every person making a notice filing pursuant to this chapter, and every issuer which proposes to offer a security in this State through any person acting on an agency basis in the common-law sense shall file with the Director, in such form as the Director by rule prescribes, an irrevocable consent appointing the Director or the Director's successor in office to be the person's attorney to receive service of any lawful process in any noncriminal suit, action or proceeding against the person or the person's successor executor or administrator which arises under this chapter or any rule or order hereunder after the consent has been filed, with the same force and validity as if served personally on the person filing the consent. A person who has filed such a consent in connection with a previous registration or notice filing need not file another. Service may be made by leaving a copy of the process in the office of the Director, but it is not effective unless the plaintiff, who may be the Director in a suit, action or proceeding instituted by the Director, forthwith sends notice of the service and a copy of the process by registered mail to the defendant or respondent at the defendant's or respondent's last address on file with the Director, and the plaintiff's affidavit of compliance with this section is filed in the case on or before the return day of the process, if any, or within such further time as the Court allows. When any person, including any nonresident of this State, engages in conduct prohibited or made actionable by this chapter or any rule or order hereunder, and the person has not filed a consent to service of process under this section and personal jurisdiction over the person cannot otherwise be obtained in this State, that conduct shall be considered equivalent to the person's appointment of the Director or the Director's successor in office to be the person's attorney to receive service of any lawful process in any noncriminal suit, action or proceeding against the person or the person's successor, executor or administrator which grows out of that conduct and which is brought under this chapter or any rule or order hereunder, with the same force and validity as if served on the person personally. Service may be made in the same manner as stated above. 6 Del. C. 1953, §  7327;  59 Del. Laws, c. 208, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 162, §  27;  78 Del. Laws, c. 175, §§  111, 118;  79 Del. Laws, c. 182, §  3;
6 DE Code § 73-703. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 73. Securities Act|Subchapter VII. Miscellaneous Provisions|§ 73-703. Investor protection fund.

§ 73-703. Investor protection fund. (a) All moneys as described in subsection (b) of this section shall be credited by the State Treasurer to a fund to be known as the “Investor Protection Fund.” (b) The Investor Protection Fund will be a revolving fund and shall be funded as follows:  (1) Beginning on July 1 of each year (after the funds for the operations of the Investor Protection Unit have been deposited and credited to the Securities Administrative Payroll Appropriation pursuant to the Budget Act for that fiscal year) any moneys collected by the Unit shall be credited to the Investor Protection Fund and shall continue to be credited to the fund until such time as the amount so credited to the fund equals $100,000. Such $100,000 shall be in addition to any moneys credited to the Investor Protection Fund under any other provision in this section. (2) Any moneys paid pursuant to court order or judgment, including costs and attorney's fees, in a securities action brought by the Attorney General or the Investor Protection Director pursuant to this chapter shall be credited to the Investor Protection Fund; and (3) Any moneys received by the Director pursuant to any settlement agreement shall be credited to the Investor Protection Fund. (c) Any fines, costs or other moneys (except those obtained as restitution or rescission) received by the Director as a result of an administrative order (other than a consent order) shall be credited to the General Fund. (d) If, at the end of any fiscal year, the balance in the Investor Protection Fund exceeds $300,000, the excess shall be withdrawn from the Investor Protection Fund and deposited in the General Fund. (e) The Attorney General is authorized to expend from the Investor Protection Fund such moneys as are necessary for:  (1) The payment of costs, expenses and charges incurred in the preparation, institution and maintenance of administrative and court actions authorized under this chapter; (2) The payment of costs, expenses and charges incurred in the training and education of Investor Protection Unit personnel; and (3) The payment of costs, expenses and charges incurred in connection with the dissemination of information to the public, to include the costs of printing copies of this statute and the Director's administrative rules. Moneys from the Investor Protection Fund may not be used for any purpose unrelated to the administration or enforcement of this chapter. (f) The Attorney General and the Investor Protection Director shall provide such reports as to the expenditure of moneys from the Investor Protection Fund to the Director of the Office of Management and Budget and the Controller General, and in such detail as they require. 67 Del. Laws, c. 274, §  13;  69 Del. Laws, c. 64, §  99;  70 Del. Laws, c. 560, §  7;  75 Del. Laws, c. 88, §  21(3);  78 Del. Laws, c. 175, §§  81-85, 113, 118;  79 Del. Laws, c. 182, §§  1-3;
6 DE Code § 73-704. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 73. Securities Act|Subchapter VII. Miscellaneous Provisions|§ 73-704. Liability of Attorney General.

§ 73-704. Liability of Attorney General. In no case shall the Attorney General or the Director, or any person designated by them, in the administration of this chapter incur any official or personal liability by instituting an injunction or any judicial proceeding, or administrative order or proceeding. 6 Del. C. 1953, §  7328;  59 Del. Laws, c. 208, §  1;  78 Del. Laws, c. 175, §§  112, 118;  79 Del. Laws, c. 182, §  3;