reglab/housing_qa huggingface dataset:
NJ Rev Stat § 49:3-68.1 (2021)
2021 New Jersey Revised Statutes|Title 49 - Sale of Securities|Section 49:3-68.1 - Restraints ordered by bureau chief.

49:3-68.1 Restraints ordered by bureau chief.  26. (a) In case of contumacy by, or refusal to obey a subpoena or order issued to, any person, the bureau chief may, in his discretion, summarily order restraints on the issuance, sale, offer for sale, purchase or offer to purchase, promotion, negotiation, advertisement, or distribution from or within the State of any securities or investment advisory advice concerning securities, by the person, or agent, employee, broker, partner, officer, director, investment adviser representative, or stockholder thereof, until that person has fully complied with that subpoena or order and the bureau has completed its investigation. (b) The bureau chief may proceed in an action in a summary manner or otherwise, by issuing a cease and desist order, by denying, revoking or suspending any registration or exemption under this act, by assessing civil monetary penalties, or by any combination of these actions he deems appropriate. Upon entry of such an order, the bureau chief shall promptly notify each person subject thereto that it has been entered and of the reasons therefor. In the case of an agent, notice shall also be given to the broker-dealer with which the agent is affiliated as shown on the Central Registration Depository, and in the case of an investment adviser representative, notice shall also be given to the investment adviser with which the investment adviser representative is affiliated as shown on Form ADV, 17 C.F.R. s.279.1, or successor federal registration form; (1) The bureau chief shall entertain on no less than three days' notice an application to lift the summary order on written application of the person subject thereto and in connection therewith may, but need not, hold a hearing and hear testimony, but shall provide to the person subject thereto a written statement of the reasons for the summary order; (2) Upon service of notice of the order issued by the bureau chief, each person subject thereto shall have up to 15 days to respond to the bureau in the form of a written answer and written request for a hearing. The bureau chief shall, within five days of receiving the answer and request for a hearing, either transmit the matter to the Office of Administrative Law for a hearing, or schedule a hearing at the Bureau of Securities. Orders issued pursuant to this section shall be subject to an application to vacate upon 10 days' notice, and in any event a preliminary hearing on the order shall be held within 20 days after it is requested, and the filing of a motion to vacate the order shall toll the time for filing an answer and written request for a hearing; (3) If a person subject to the order fails to respond by either filing a written answer and written request for a hearing with the bureau or moving to vacate the order within the 15-day prescribed period, that person shall have waived the opportunity to be heard and the order shall remain in effect as to that person until modified or vacated by the bureau chief. L.1997,c.276,s.26.
NJ Rev Stat § 49:3-70 (2021)
2021 New Jersey Revised Statutes|Title 49 - Sale of Securities|Section 49:3-70 - Violations, penalties.

49:3-70 Violations, penalties.  23. (a) Any person who knowingly violates any provision of this act, except section 7 or 13 of P.L.1967, c.93 (C.49:3-54 or C.49:3-60), or who knowingly violates any rule or order under this act, or who willfully violates section 7 of P.L.1967, c.93 (C.49:3-54), knowing the statement made to be false or misleading in any material respect, shall be guilty of a second or third degree crime, depending upon the amount of the loss as provided in subsection (d) of this section. (b) Any person who recklessly violates subsection (a), (b) or (c) of section 5 or paragraph (1) or (2) of subsection (a) or subsection (f) of section 6 of P.L.1967, c.93 (C.49:3-52 or 49:3-53) or section 6 of this act, shall be guilty of a crime of the fourth degree. (c) For purposes of this section, "knowingly" and "recklessly" shall have the respective meanings ascribed to them in subsection (b) of N.J.S.2C:2-2. (d) If the total value of all money or anything else of value paid by or lost by victims of the violations of this act, resulting from the same device, scheme or artifice, from the same untrue statement of a material fact or failure to state a material fact, from the same act, practice or course of business, or from any other fraud involving any security is: (1) less than $75,000, or if no monetary value can be placed upon the loss or if no person pays or loses anything of monetary value, the offender is guilty of a crime of the third degree; (2) $75,000 or more, the offender is guilty of a crime of the second degree; (e) No person may be imprisoned for the violation of any rule or order if he proves that he had no knowledge of the rule or order. (f) An indictment or information returned under this act shall be subject to the limitations of N.J.S.2C:1-6. A violation is committed when every element occurs or at the time when the course of conduct or the actor's complicity therein is terminated. (g) Nothing in this act shall limit the power of this State to prosecute a person for conduct constituting a crime under any other law.  L.1967,c.93,s.23; amended 1985, c.405, s.13; 1997, c.276. s.28.
NJ Rev Stat § 49:3-70.1 (2021)
2021 New Jersey Revised Statutes|Title 49 - Sale of Securities|Section 49:3-70.1 - Violations, civil penalties.

49:3-70.1 Violations, civil penalties.  29. Any person who violates any of the provisions of this act or who violates any rule or order under this act, shall be liable for the first violation to a penalty of not more than $10,000; for a second violation to a penalty of not more than $20,000; and for each subsequent violation to a penalty of not more than $20,000 per violation. One or more violations may occur at the same time or be part of the same conduct or pattern of conduct. The penalty shall be entered, with the requisite notice, sued for and recovered by and in the name of the bureau chief and shall be collected and enforced by summary proceeding pursuant to "the penalty enforcement law," N.J.S.2A:58-1 et seq., or administratively. L.1997,c.276,s.29.
NJ Rev Stat § 49:3-72 (2021)
2021 New Jersey Revised Statutes|Title 49 - Sale of Securities|Section 49:3-72 - Nonapplicability of act.

49:3-72 Nonapplicability of act.  25. No provision of this act imposing any liability applies to any act done or omitted in good faith in conformity with any rule, form or order of the bureau chief, notwithstanding that the rule, form or order may later be amended or rescinded or be determined by judicial or other authority to be invalid for any reason. L.1967,c.93,s.25; amended 1997, c.276, s.31.
NJ Rev Stat § 49:3-73 (2021)
2021 New Jersey Revised Statutes|Title 49 - Sale of Securities|Section 49:3-73 - Consent to bureau chief as attorney for service of process.

49:3-73 Consent to bureau chief as attorney for service of process.  26. (a) Every broker-dealer, agent or investment adviser applicant for registration under this act and every issuer who is required to file with the bureau to claim an exemption from registration or to register a security in this State shall file with the bureau, in such form as the bureau chief by rule prescribes, an irrevocable consent appointing the bureau chief or his successor in office to be his attorney to receive service of any lawful process in any noncriminal suit, action or proceeding against him or his successor, executor or administrator which arises under this act 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 need not file another. Service may be made by leaving a copy of the process in the office of the bureau, but it is not effective unless the plaintiff, who may be the bureau chief, in a suit, action or proceeding instituted on his behalf by the Attorney General forthwith sends notice of the service and a copy of the process by certified or registered mail to the defendant or respondent at his last address on file with the bureau. It is the responsibility of the registrant to maintain its current address on file with the bureau. If process was served on the last address on file with the bureau and is returned by the post office unclaimed, refused or not forwarded, that service will constitute valid service; (b) If any person, including any nonresident of this State, engages in conduct prohibited or made actionable by this act or any rule or order authorized by this act, and he has not filed a consent to service of process under subsection (a) of this section and personal jurisdiction over him cannot otherwise be obtained in this State, that conduct shall be considered equivalent to his appointment of the bureau chief or his successor in office to be his attorney to receive service of any lawful process in any noncriminal suit, action or proceeding against him or his successor, executor or administrator which grows out of that conduct and which is brought under this act or any rule or order hereunder, with the same force and validity as if served on him personally. Service may be made by leaving a copy of the process in the office of the bureau, and it is not effective unless the plaintiff, who may be the bureau chief in any action instituted on his behalf by the Attorney General, forthwith sends notice of the service and a copy of the process by certified or registered mail to the defendant or respondent at his last known address. L.1967,c.93,s.26; amended 1997, c.276, s.32.
NJ Rev Stat § 49:3-75 (2021)
2021 New Jersey Revised Statutes|Title 49 - Sale of Securities|Section 49:3-75 - Construction of act.

49:3-75 Construction of act.  28. This act shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact similar laws and to co-ordinate the interpretation and administration of this act with related federal regulations. The bureau chief and the bureau chief's designees may participate in private investigations and enforcement proceedings and cooperate in sharing information with other State authorities, and with authorities of other states and of federal and foreign governments. L.1967,c.93,s.28; amended 1997, c.276, s.33.
NJ Rev Stat § 49:3-76 (2021)
2021 New Jersey Revised Statutes|Title 49 - Sale of Securities|Section 49:3-76 - Severability of provisions

49:3-76. Severability of provisions  If any provision of this law or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the law which can be given effect without the invalid provision or application, and to this end the provisions of this law are severable. L.1967, c. 93, s. 29.
NJ Rev Stat § 49:3-78 (2021)
2021 New Jersey Revised Statutes|Title 49 - Sale of Securities|Section 49:3-78 - Agreements relative to exempted transaction.

49:3-78 Agreements relative to exempted transaction.  2. For any exempted transaction which meets the requirements of paragraph (14) of subsection (b) of section 3 of P.L.1967, c.93 (C.49:3-50), the issuer shall execute an escrow agreement with a bank, savings bank, savings and loan association, or credit union, which institution has a place of business in New Jersey, that provides that investor funds obtained pursuant to the provisions of P.L.2015, c.128 (C.49:3-77 et al.) will be deposited in that institution, and shall further provide that all offering proceeds will be released to the issuer only when the aggregate capital raised from all investors pursuant to P.L.2015, c.128 (C.49:3-77 et al.) is equal to or greater than the minimum offering amount specified in the issuer's business plan as necessary to implement the business plan. The agreement shall also provide that all investor funds will be returned within 60 days to investors if that minimum offering amount is not raised by the time stated in the disclosures required to be set forth pursuant to P.L.2015, c.128 (C.49:3-77 et al.). L.2015, c.128, s.2.
NJ Rev Stat § 49:3-79 (2021)
2021 New Jersey Revised Statutes|Title 49 - Sale of Securities|Section 49:3-79 - Promulgation of legend, investor certification.

49:3-79 Promulgation of legend, investor certification.  3. a. The bureau shall promulgate a legend that the issuer shall be required to provide to all prospective investors in exempted securities offered pursuant to paragraph (14) of subsection (b) of section 3 of P.L.1967, c.93 (C.49:3-50), informing prospective investors that the securities have not been registered with the United States Securities and Exchange Commission or the bureau and that the securities are subject to limitations on resale, along with any other information the bureau finds relevant to be included in that legend. b. The bureau shall promulgate an investor certification which, prior to the consummation of a purchase, the investor in the securities shall be required to certify in writing or electronically that the investor understands: (1) The investment may be a high-risk speculative business venture; (2) The offering has not been reviewed or approved by any State or federal securities regulatory authority and no person or authority has confirmed the accuracy or determined the adequacy of disclosures made relating to this offering; (3) The securities are illiquid, there is no ready market for the sale of the securities, and it may be difficult or impossible to sell or otherwise dispose of the investment; (4) The investor may be subject to tax on the taxable income and losses of the company; and (5) Any additional information the bureau finds relevant. L.2015, c.128, s.3.
NJ Rev Stat § 49:3-81 (2021)
2021 New Jersey Revised Statutes|Title 49 - Sale of Securities|Section 49:3-81 - Quarterly report to investors.

49:3-81 Quarterly report to investors.  5. An issuer of securities exempted pursuant to paragraph (14) of subsection (b) of section 3 of P.L.1967, c.93 (C.49:3-50) shall provide, free of charge, a quarterly report to the issuer's investors. An issuer may satisfy the reporting requirement of this section by making the information available on an Internet site if the information is made available within 45 days after the end of each fiscal quarter and remains available until the succeeding quarterly report is issued. A written copy shall be provided to an investor upon request. The report shall include a statement of the compensation received by each director and executive officer, including cash compensation earned since the previous report, as well as any bonuses, stock options, other rights to receive securities of the issuer or any affiliate of the issuer, or any compensation received. The report shall also include an analysis by management of the issuer of the business operations and financial condition of the issuer. L.2015, c.128, s.5.
NJ Rev Stat § 49:3-82 (2021)
2021 New Jersey Revised Statutes|Title 49 - Sale of Securities|Section 49:3-82 - Criteria for disqualifying issuers from claiming exemption.

49:3-82 Criteria for disqualifying issuers from claiming exemption.  6. The bureau shall establish by regulation criteria for disqualifying issuers of securities from claiming the exemption from registration pursuant to paragraph (14) of subsection (b) of section 3 of P.L.1967, c.93 (C.49:3-50). The criteria shall include, but not be limited to, the following disqualifying events: a. Criminal convictions in connection with the purchase or sale of a security, or involving the making of a false filing related to the offer or sale of a security; b. Injunctions and court orders against engaging in or continuing conduct or practices in connection with the purchase or sale of securities or involving the making of a false filing related to the offer or sale of a security or any criminal conviction as described in subsection (k) of section 9 of P.L.1967, c.93 (C.49:3-56);  c. United States Postal Service false representation orders; and d. The issuer is subject to a bureau stop order. L.2015, c.128, s.6.
NJ Rev Stat § 49:3-83 (2021)
2021 New Jersey Revised Statutes|Title 49 - Sale of Securities|Section 49:3-83 - Regulations.

49:3-83 Regulations.  7. The bureau chief, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), may adopt regulations to effectuate the purposes of P.L.2015, c.128 (C.49:3-77 et al.) and to comply with the requirements of applicable federal law; except that, notwithstanding any provision of P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the bureau chief may adopt, immediately upon filing with the Office of Administrative Law, those regulations as the bureau chief deems necessary to implement the provisions of P.L.2015, c.128 (C.49:3-77 et al.), which regulations shall be effective for a period not to exceed six months after the date of filing and may, thereafter, be amended, adopted or readopted by the commissioner in accordance with the requirements of P.L.1968, c.410 (C.52:14B-1 et seq.). L.2015, c.128, s.7.
NJ Rev Stat § 49:3-84 (2021)
2021 New Jersey Revised Statutes|Title 49 - Sale of Securities|Section 49:3-84 - Short title.

49:3-84 Short title.  1. This act shall be known and may be cited as the "Safeguarding Against Financial Exploitation Act." L.2019, c.340, s.1.
NJ Rev Stat § 49:3-85 (2021)
2021 New Jersey Revised Statutes|Title 49 - Sale of Securities|Section 49:3-85 - Definitions relative to financial exploitation of vulnerable adults.

49:3-85 Definitions relative to financial exploitation of vulnerable adults.  2. As used in this act: "Applicable county adult services provider" means the county adult services provider that services the county of residence of the eligible adult. "County adult protective services provider" has the meaning in section 2 of P.L.1993, c.249 (C.52:27D-407). "Eligible adult" means: (1) a person 65 years of age or older; or  (2) a person subject to the "Adult Protective Services Act," P.L.1993, c.249 (C.52:27D-406 et seq.). "Financial exploitation" means:  (1) the wrongful or unauthorized taking, withholding, appropriation, or use of money, assets or property of an eligible adult; or  (2) any act or omission taken by a person, including through the use of a power of attorney, guardianship, or conservatorship of an eligible adult, to:  (a) obtain control, through deception, intimidation or undue influence, over the eligible adult's money, assets or property to deprive the eligible adult of the ownership, use, benefit or possession of his or her money, assets or property; or  (b) convert money, assets or property of the eligible adult to deprive such eligible adult of the ownership, use, benefit or possession of his or her money, assets or property.  "Qualified individual" means any broker-dealer, agent, investment adviser, investment adviser representative or other person who serves in a supervisory, compliance, legal, or senior investor protection capacity for a broker-dealer or investment adviser. L.2019, c.340, s.2.
NJ Rev Stat § 49:3-86 (2021)
2021 New Jersey Revised Statutes|Title 49 - Sale of Securities|Section 49:3-86 - Notification to bureau, county adult protective services provider.

49:3-86 Notification to bureau, county adult protective services provider.  3. a. If a qualified individual reasonably believes that financial exploitation of an eligible adult may have occurred, may have been attempted, or is being attempted, the broker-dealer or investment adviser shall promptly notify the bureau and the applicable county adult protective services provider. b. A qualified individual who, in good faith and exercising reasonable care, makes a disclosure in compliance with this section shall be immune from administrative or civil liability that might otherwise arise from such disclosure or for any failure to notify the eligible adult of the disclosure. L.2019, c.340, s.3.
NJ Rev Stat § 49:3-87 (2021)
2021 New Jersey Revised Statutes|Title 49 - Sale of Securities|Section 49:3-87 - Notification of certain third party.

49:3-87 Notification of certain third party.  4. a. If a qualified individual reasonably believes that financial exploitation of an eligible adult may have occurred, may have been attempted, or is being attempted, a qualified individual shall notify any third party previously designated by, and may notify any third party reasonably associated with, the eligible adult, provided that disclosure may not be made to any third party that is suspected of financial exploitation or other abuse of the eligible adult. b. A qualified individual who, in good faith and exercising reasonable care, makes a disclosure in compliance with this section shall be immune from any administrative or civil liability that might otherwise arise from such disclosure. L.2019, c.340, s.4.
NJ Rev Stat § 48:3-89 (2021)
2021 New Jersey Revised Statutes|Title 49 - Sale of Securities|Section 48:3-89 - Provision of access to records.

48:3-89 Provision of access to records.  6. a. A broker-dealer or investment adviser shall provide access to, or copies of records that are relevant to the suspected or attempted financial exploitation of an eligible adult to agencies charged with administering State adult protective services laws and to law enforcement, either as part of a referral to the agency or to law enforcement, or upon request of the agency or law enforcement pursuant to an investigation. The records may include historical records as well as records relating to the most recent transaction or transactions that may comprise financial exploitation of an eligible adult. All records made available to agencies under this section shall not be deemed to be a public record pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.) or P.L.2001, c.404 (C.47:1A-5 et seq.). Nothing in this section shall limit or otherwise impede the authority of the bureau to access or examine the books and records of broker-dealers and investment advisers as otherwise provided by law. b. A broker-dealer or investment adviser who, in good faith and exercising reasonable care, acts in compliance with this section shall be immune from any administrative or civil liability that might otherwise arise from providing access in accordance with this section. L.2019, c.340, s.6.
NJ Rev Stat § 49:4-1 (2021)
2021 New Jersey Revised Statutes|Title 49 - Sale of Securities|Section 49:4-1 - Security; governing instrument defined

49:4-1. Security; governing instrument defined  As used in this act: a. "Security" and "securities" includes (1) bonds, debentures, notes and all other instruments and writings, however designated, evidencing an obligation to pay money; (2) interest coupons pertaining to the foregoing; (3) evidences of stockholder's equities, including but not limited to, stock certificates, rights, and warrants; (4) every instrument which is subject to the provisions of chapter 8, Investment Securities, of Title 12A of the New Jersey Statutes (The Uniform Commercial Code); and (5) every other type of instrument, however designated, the destruction of which is required by statute, contract or other writing to be effected after their cancellation; b. "Governing instrument" includes statutes of this State, ordinances, resolutions, notes, mortgages, debentures, trust indentures and all other writings pursuant to which securities are issued. L.1972, c. 137, s. 1.
NJ Rev Stat § 49:4-2 (2021)
2021 New Jersey Revised Statutes|Title 49 - Sale of Securities|Section 49:4-2 - Shredding in lieu of cremation or incineration

49:4-2. Shredding in lieu of cremation or incineration  Whenever any governing instrument requires the destruction by cremation or incineration of any cancelled security, such destruction may, in lieu of such cremation or incineration, be effected by shredding notwithstanding the express provisions of such governing instrument. L.1972, c. 137, s. 2.