reglab/housing_qa huggingface dataset:
9 V.S.A. § 5603
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 150 - Securities Act|§ 5603. Civil enforcement

§ 5603. Civil enforcement|(a) If the Commissioner believes that a person has engaged, is engaging, or is about to engage in an act, practice, or course of business constituting a violation of this chapter or a rule adopted or order issued under this chapter or that a person has, is, or is about to engage in an act, practice, or course of business that materially aids a violation of this chapter or a rule adopted or order issued under this chapter, the Commissioner may maintain an action in the Superior Court of Washington County to enjoin the act, practice, or course of business and to enforce compliance with this chapter or a rule adopted or order issued under this chapter.(b) In an action under this section and on a proper showing, the court may:  (1) issue a permanent or temporary injunction, restraining order, or declaratory judgment; (2) order other appropriate or ancillary relief, which may include:  (A) an asset freeze, accounting, writ of attachment, writ of general or specific execution, and appointment of a receiver or conservator, that may be the Commissioner, for the defendant or the defendant's assets; (B) ordering the Commissioner to take charge and control of a defendant's property, including investment accounts and accounts in a depository institution, rents, and profits; to collect debts; and to acquire and dispose of property; (C) imposing a civil penalty up to $15,000.00 for each violation; an order of rescission, restitution, or disgorgement directed to a person that has engaged in an act, practice, or course of business constituting a violation of this chapter or the predecessor act or a rule adopted or an order issued under this chapter or the predecessor act. The court may increase a civil penalty amount by not more than $5,000.00 per violation for violations involving a person who is a vulnerable adult as defined in 33 V.S.A. § 6902(14). The limitations on civil penalties contained in this subdivision shall not apply to settlement agreements; and (D) ordering the payment of prejudgment and postjudgment interest; or  (3) order such other relief as the court considers appropriate.   (c) The Commissioner may not be required to post a bond in an action or proceeding under this chapter. (Added 2005, No. 11, § 1, eff. July 1, 2006; amended 2017, No. 80, § 4.)
9 V.S.A. § 5606
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 150 - Securities Act|§ 5606. Administrative files and opinions

§ 5606. Administrative files and opinions|(a) The Commissioner shall maintain, or designate a person to maintain, a register of applications for registration of securities; registration statements; notice filings; applications for registration of broker-dealers, agents, investment advisers, and investment adviser representatives; notice filings by federal covered investment advisers that are or have been effective under this chapter or the predecessor act; notices of claims of exemption from registration or notice filing requirements contained in a record; orders issued under this chapter or the predecessor act; and interpretative opinions or no action determinations issued under this chapter.(b) The Commissioner shall make all rules, forms, interpretative opinions, and orders available to the public.(c) The Commissioner shall furnish a copy of a record that is a public record or a certification that the public record does not exist to a person that so requests. A rule adopted under this chapter may establish a reasonable charge for furnishing the record or certification. A copy of the record certified or a certificate by the Commissioner of a record's nonexistence is prima facie evidence of a record or its nonexistence. (Added 2005, No. 11, § 1, eff. July 1, 2006.)
9 V.S.A. § 5607
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 150 - Securities Act|§ 5607. Public records; confidentiality

§ 5607. Public records; confidentiality|(a) Except as otherwise provided in subsection (b) of this section, records obtained by the Commissioner or filed under this chapter, including a record contained in or filed with a registration statement, application, notice filing, or report, are public records and are available for public examination.(b) The following records are not public records and are not available for public examination and copying under the Public Records Act or under subsection (a) of this section:  (1) a record obtained by the Commissioner in connection with an audit or inspection under subsection 5411(d) of this title or an investigation under section 5602 of this title; (2) a part of a record filed in connection with a registration statement under sections 5301 and 5303 through 5305 of this title or a record under subsection 5411(d) of this title that contains trade secrets or confidential information if the person filing the registration statement or report has asserted a claim of confidentiality or privilege that is authorized by law; (3) a record that is not required to be provided to the Commissioner or filed under this chapter and is provided to the Commissioner only on the condition that the record will not be subject to public examination or disclosure; (4) a nonpublic record received from a person specified in subsection 5608(a) of this title; (5) any Social Security number, residential address unless used as a business address, and residential telephone number unless used as a business telephone number, contained in a record that is filed; (6) a record obtained by the Commissioner through a designee of the Commissioner that a rule or order under this chapter determines has been:  (A) expunged from the Commissioner's records by the designee; or (B) determined to be nonpublic or nondisclosable by that designee if the Commissioner finds the determination to be in the public interest and for the protection of investors;  (7) records relating to the notice requirement in subsection 5602(f) of this title; and (8) records otherwise exempt from public disclosure pursuant to 1 V.S.A. § 317(c).   (c) If disclosure is for the purpose of a civil, administrative, or criminal investigation, action, or proceeding or to a person specified in subsection 5608(a) of this title, the Commissioner may disclose a record obtained in connection with an audit or inspection under subsection 5411(d) of this title or a record obtained in connection with an investigation under section 5602 of this title. (Added 2005, No. 11, § 1, eff. July 1, 2006; amended 2013, No. 29, § 21, eff. May 13, 2013.)
9 V.S.A. § 5608
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 150 - Securities Act|§ 5608. Uniformity and cooperation with other agencies

§ 5608. Uniformity and cooperation with other agencies|(a) The Commissioner shall, in his or her discretion, cooperate, coordinate, consult, and, subject to section 5607 of this chapter, share records and information with the securities regulator of another state, Canada, a Canadian province or territory, a foreign jurisdiction, the Securities and Exchange Commission, the U.S. Department of Justice, the Commodity Futures Trading Commission, the Federal Trade Commission, the Securities Investor Protection Corporation, a self-regulatory organization, a national or international organization of securities regulators, a federal or state banking and insurance regulator, and a governmental law enforcement agency to effectuate greater uniformity in securities matters among the federal government, self-regulatory organizations, states, and foreign governments.(b) In cooperating, coordinating, consulting, and sharing records and information under this section and in acting by rule, order, or waiver under this chapter, the Commissioner shall, in his or her discretion, take into consideration in carrying out the public interest the following general policies:  (1) maximizing effectiveness of regulation for the protection of investors; (2) maximizing uniformity in federal and state regulatory standards; and (3) minimizing burdens on the business of capital formation, without adversely affecting essentials of investor protection.   (c) The cooperation, coordination, consultation, and sharing of records and information authorized by this section includes:  (1) establishing or employing one or more designees as a central depository for registration and notice filings under this chapter and for records required or allowed to be maintained under this chapter; (2) developing and maintaining uniform forms; (3) conducting a joint examination or investigation; (4) holding a joint administrative hearing; (5) instituting and prosecuting a joint civil or administrative proceeding; (6) sharing and exchanging personnel; (7) coordinating registrations under sections 5301 and 5401 through 5404 of this chapter and exemptions under section 5203 of this chapter; (8) sharing and exchanging records, subject to section 5607 of this chapter; (9) formulating rules, statements of policy, guidelines, forms, and interpretative opinions and releases; (10) formulating common systems and procedures; (11) notifying the public of proposed rules, forms, statements of policy, and guidelines; (12) attending conferences and other meetings among securities regulators, which may include representatives of governmental and private sector organizations involved in capital formation, deemed necessary or appropriate to promote or achieve uniformity; and (13) developing and maintaining a uniform exemption from registration for small issuers, and taking other steps to reduce the burden of raising investment capital by small businesses. (Added 2005, No. 11, § 1, eff. July 1, 2006.)
9 V.S.A. § 5609
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 150 - Securities Act|§ 5609. Judicial review

§ 5609. Judicial review|Any person aggrieved and directly affected by a final order issued by the Commissioner under this chapter may appeal to the Superior Court of Washington County. The appeal shall be heard by the court de novo. The filing of an appeal shall not stay enforcement of the order, but the court may order a stay on such terms as it deems proper. (Added 2005, No. 11, § 1, eff. July 1, 2006.)
9 V.S.A. § 5611
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 150 - Securities Act|§ 5611. Service of process

§ 5611. Service of process|(a) A consent to service of process complying with this section required by this chapter must be signed and filed in the form required by a rule or order under this chapter. A consent appointing the Commissioner the person's agent for service of process in a noncriminal action or proceeding against the person, or the person's successor or personal representative under this chapter, or a rule adopted or order issued under this chapter after the consent is filed, has the same force and validity as if the service were made personally on the person filing the consent. A person that has filed a consent complying with this subsection in connection with a previous application for registration or notice filing need not file an additional consent.(b) If a person, including a nonresident of this State, engages in an act, practice, or course of business prohibited or made actionable by this chapter or a rule adopted or order issued under this chapter and the person has not filed a consent to service of process under subsection (a) of this section, the act, practice, or course of business constitutes the appointment of the Commissioner as the person's agent for service of process in a noncriminal action or proceeding against the person or the person's successor or personal representative.(c) Service under subsection (a) or (b) of this section may be made by providing a copy of the process to the office of the Commissioner, but it is not effective unless:  (1) the plaintiff, which may be the Commissioner, promptly sends notice of the service and a copy of the process, return receipt requested, to the defendant or respondent at the address set forth in the consent to service of process or, if a consent to service of process has not been filed, at the last known address or takes other reasonable steps to give notice; and (2) the plaintiff files an affidavit of compliance with this subsection in the action or proceeding on or before the return day of the process, if any, or within the time that the court or the Commissioner in a proceeding before the Commissioner allows.   (d) Service pursuant to subsection (c) of this section may be used in a proceeding before the Commissioner or by the Commissioner in a civil action in which the Commissioner is the moving party.(e) If process is served under subsection (c) of this section, the court or the Commissioner in a proceeding before the Commissioner shall order continuances as are necessary or appropriate to afford the defendant or respondent reasonable opportunity to defend. (Added 2005, No. 11, § 1, eff. July 1, 2006.)
9 V.S.A. § 5612
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 150 - Securities Act|§ 5612. Severability clause

§ 5612. Severability clause|If any provision of this chapter or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end, the provisions of this chapter are severable. (Added 2005, No. 11, § 1, eff. July 1, 2006.)
9 V.S.A. § 5613
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 150 - Securities Act|§ 5613. Collection and disposition of fees

§ 5613. Collection and disposition of fees|(a) The fees provided for in this chapter shall be collected by the Commissioner and covered into the State Treasury except as provided in subsections (b) and (e) of this section.(b) There is hereby created a fund to be known as the Securities Regulation and Supervision Fund. The Fund shall be used for the purpose of providing the Commissioner the means to administer the provisions of this chapter. All agent and investment adviser representative fees received pursuant to subsections 5410(b) and (d) of this title, and all examination fees and investigation expenses received pursuant to section 5614 of this title shall be transmitted to the State Treasurer and credited to this Fund. All payments from the Securities Regulatory and Supervision Fund for the maintenance of staff and associated expenses, including contractual services as necessary, shall be disbursed from the State Treasury only upon warrants issued by the Commissioner of Finance and Management, after receipt of proper documentation regarding services rendered and expenses incurred. The Fund shall be administered pursuant to 32 V.S.A. chapter 7, subchapter 5.(c) At the end of each fiscal year, the balance in the Securities Regulatory and Supervision Fund shall be transferred to the General Fund.(d) The Commissioner of Finance and Management may anticipate receipts to the Securities Regulatory and Supervision Fund and issue warrants based thereon.(e) In any fiscal year in which revenues deposited in the Financial Institution Supervision Fund established by 8 V.S.A. § 19(f) are insufficient to support the annual appropriation to the Banking Division, the Commissioner may transfer no more than a sum necessary to meet the shortfall from the Fund established by this section to the Financial Institution Supervision Fund. (Added 2007, No. 49, § 23; 2007, No. 65, § 398; amended 2007, No. 65 § 87, eff. June 4, 2007; 2007, No. 192 (Adj. Sess.), § 6.001; 2013, No. 1, § 80.)
9 V.S.A. § 5614
2021 Vermont Statutes|Title 9 - Commerce and Trade|Chapter 150 - Securities Act|§ 5614. Recovery of expenses

§ 5614. Recovery of expenses|(a) Whenever it is necessary for the Commissioner to incur any expense in connection with any application, notification, registration, license, investigation, or administrative proceeding, the Commissioner may require that any person who is the subject of such application, notification, registration, license, investigation, or administrative proceeding pay the reasonable costs incurred by the Department.(b) The Commissioner may impose a reasonable fee for the expense of conducting an examination, audit, or inspection under this chapter, including reimbursement to the Commissioner for actual traveling and lodging expenses of the Commissioner or employee in connection with such examination, audit, or inspection.(c) The provisions of this section are in addition to, and not in limitation of, any other provision of this chapter regarding fees and recovery of expenses. (Added 2007, No. 49, § 24; 2007, No. 76, § 25, eff. June 7, 2007.)
9 V.S.A. § 1-101
2021 Vermont Statutes|Title 9A - Uniform Commercial Code|Article 1 - General Provisions|§ 1-101. Short titles

§ 1-101. Short titles|(a) This title may be cited as the Uniform Commercial Code.(b) This article may be cited as Uniform Commercial Code- General Provisions. (2007, No. 99 (Adj. Sess.), § 2.)
9 V.S.A. § 1-102
2021 Vermont Statutes|Title 9A - Uniform Commercial Code|Article 1 - General Provisions|§ 1-102. Scope of article

§ 1-102. Scope of article|This article applies to a transaction to the extent that it is governed by another article of this title. (2007, No. 99 (Adj. Sess.), § 2.)
9 V.S.A. § 1-103
2021 Vermont Statutes|Title 9A - Uniform Commercial Code|Article 1 - General Provisions|§ 1-103. Construction of this title to promote its purposes and policies; applicability of supplemental principles of law

§ 1-103. Construction of this title to promote its purposes and policies; applicability of supplemental principles of law|(a) This title must be liberally construed and applied to promote its underlying purposes and policies, which are:  (1) to simplify, clarify, and modernize the law governing commercial transactions; (2) to permit the continued expansion of commercial practices through custom, usage, and agreement of the parties; and (3) to make uniform the law among the various jurisdictions.   (b) Unless displaced by the particular provisions of this title, the principles of law and equity, including the law merchant and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, and other validating or invalidating cause supplement its provisions. (2007, No. 99 (Adj. Sess.), § 2.)
9 V.S.A. § 1-104
2021 Vermont Statutes|Title 9A - Uniform Commercial Code|Article 1 - General Provisions|§ 1-104. Construction against implied repeal

§ 1-104. Construction against implied repeal|This title being a general act intended as a unified coverage of its subject matter, no part of it shall be deemed to be impliedly repealed by subsequent legislation if such construction can reasonably be avoided. (2007, No. 99 (Adj. Sess.), § 2.)
9 V.S.A. § 1-105
2021 Vermont Statutes|Title 9A - Uniform Commercial Code|Article 1 - General Provisions|§ 1-105. Severability

§ 1-105. Severability|If any provision or clause of this title or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this title which can be given effect without the invalid provision or application, and to this end the provisions of this title are severable. (Amended 1993, No. 158 (Adj. Sess.), § 2, eff. Jan. 1, 1995; 1995, No. 92 (Adj. Sess.), § 18, eff. Jan. 1, 1997; 1997, No. 65 (Adj. Sess.), § 2, eff. Jan. 1, 1999; 1999, No. 106 (Adj. Sess.), § 3, eff. July 1, 2001; 2007, No. 99 (Adj. Sess.), § 2.)
9 V.S.A. § 1-106
2021 Vermont Statutes|Title 9A - Uniform Commercial Code|Article 1 - General Provisions|§ 1-106. Use of singular and plural; gender

§ 1-106. Use of singular and plural; gender|In this title, unless the statutory context otherwise requires:  (1) words in the singular number include the plural, and those in the plural include the singular; and (2) words of any gender also refer to any other gender. (Amended 2007, No. 99 (Adj. Sess.), § 2.)
9 V.S.A. § 1-107
2021 Vermont Statutes|Title 9A - Uniform Commercial Code|Article 1 - General Provisions|§ 1-107. Section captions

§ 1-107. Section captions|Section captions are parts of this title. (Amended 2007, No. 99 (Adj. Sess.), § 2.)
9 V.S.A. § 1-108
2021 Vermont Statutes|Title 9A - Uniform Commercial Code|Article 1 - General Provisions|§ 1-108. Relation to electronic signatures in Global and National Commerce Act

§ 1-108. Relation to electronic signatures in Global and National Commerce Act|This title modifies, limits, and supersedes the Federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. section 7001 et seq.), but does not modify, limit, or supersede section 101(c) of that act (15 U.S.C. section 7001(c)) or authorize electronic delivery of any of the notices described in section 103(b) of that act (15 U.S.C. section 7003(b)). (Amended 2007, No. 99 (Adj. Sess.), § 2.)
9 V.S.A. § 1-202
2021 Vermont Statutes|Title 9A - Uniform Commercial Code|Article 1 - General Provisions|§ 1-202. Notice; knowledge

§ 1-202. Notice; knowledge|(a) Subject to subsection (f) of this section, a person has "notice" of a fact if the person:  (1) has actual knowledge of it; (2) has received a notice or notification of it; or (3) from all the facts and circumstances known to the person at the time in question, has reason to know that it exists.   (b) "Knowledge" means actual knowledge. "Knows" has a corresponding meaning.(c) "Discover," "learn," or words of similar import refer to knowledge rather than to reason to know.(d) A person "notifies" or "gives" a notice or notification to another person by taking such steps as may be reasonably required to inform the other person in ordinary course, whether or not the other person actually comes to know of it.(e) Subject to subsection (f) of this section, a person "receives" a notice or notification when:  (1) it comes to that person's attention; or (2) it is duly delivered in a form reasonable under the circumstances at the place of business through which the contract was made or at another location held out by that person as the place for receipt of such communications.   (f) Notice, knowledge, or a notice or notification received by an organization is effective for a particular transaction from the time it is brought to the attention of the individual conducting that transaction and, in any event, from the time it would have been brought to the individual's attention if the organization had exercised due diligence. An organization exercises due diligence if it maintains reasonable routines for communicating significant information to the person conducting the transaction and there is reasonable compliance with the routines. Due diligence does not require an individual acting for the organization to communicate information unless the communication is part of the individual's regular duties or the individual has reason to know of the transaction and that the transaction would be materially affected by the information. (Amended 2007, No. 99 (Adj. Sess.), § 2.)
9 V.S.A. § 1-204
2021 Vermont Statutes|Title 9A - Uniform Commercial Code|Article 1 - General Provisions|§ 1-204. Value

§ 1-204. Value|Except as otherwise provided in Articles 3, 4, and 5 of this title, a person gives value for rights if the person acquires them:  (1) in return for a binding commitment to extend credit or for the extension of immediately available credit, whether or not drawn upon and whether or not a charge-back is provided for in the event of difficulties in collection; (2) as security for, or in total or partial satisfaction of, a preexisting claim; (3) by accepting delivery under a preexisting contract for purchase; or (4) in return for any consideration sufficient to support a simple contract. (Amended 2007, No. 99 (Adj. Sess.), § 2.)