reglab/statecodes huggingface dataset:
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 502 - UNIFORM SECURITIES ACT (BLUE SKY LAW) › Section 502.606 - Administrative files and opinions.

502.606 Administrative files and opinions.
1. Public register of filings. The administrator 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 chapter; notices of claims of exemption from registration or notice filing requirements contained in a record; orders issued under this chapter or the predecessor chapter; and interpretative opinions or no action determinations issued under this chapter.
2. Public availability. The administrator shall make all rules, forms, interpretative opinions, and orders available to the public.
3. Copies of public records. The administrator 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 administrator of a record’s nonexistence is prima facie evidence of a record or its nonexistence.
[SS15, §1920-u17; C24, 27, §8575; C31, 35, §8581-c19; C39, §8581.24; C46, 50, 54, 58, 62, 66, 71, 73, 75, §502.24; C77, 79, 81, §502.606]
2004 Acts, ch 1161, §56, 68
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 502 - UNIFORM SECURITIES ACT (BLUE SKY LAW) › Section 502.607 - Public records — confidentiality.

502.607 Public records — confidentiality.
1. Presumption of public records. Except as otherwise provided in subsection 2, records obtained by the administrator 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.
2. Nonpublic records. Notwithstanding chapter 22, the following records are not public records and are not available for public examination under subsection 1:
a. A record obtained by the administrator in connection with an audit or inspection under section 502.411, subsection 4, or an investigation under section 502.602.
b. A part of a record filed in connection with a registration statement under sections 502.301 and 502.303 through 502.305 or a record under section 502.411, subsection 4, 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.
c. A record that is not required to be provided to the administrator or filed under this chapter and is provided to the administrator only on the condition that the record will not be subject to public examination or disclosure.
d. A nonpublic record received from a person specified in section 502.608, subsection 1.
e. 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.
f. A record obtained by the administrator through a designee that the administrator determines by rule or order has been appropriately expunged from its own records by that designee, if the administrator finds that such expungement is in the public interest and does not impair investor protection.
g. A record obtained by the administrator or by law enforcement under section 502.809.
3. Administrator discretion to disclose. If disclosure is for the purpose of a civil, administrative, or criminal investigation, action, or proceeding or to a person specified in section 502.608, subsection 1, the administrator may disclose a record obtained in connection with an audit or inspection under section 502.411, subsection 4, or a record obtained in connection with an investigation under section 502.602 or section 502.809.
[C35, §8581-f6; C39, §8581.22; C46, 50, 54, 58, 62, §502.22; C66, 71, 73, 75, §502.2, 502.22; C77, 79, 81, §502.607]
97 Acts, ch 114, §16; 2004 Acts, ch 1161, §57, 68; 2021 Acts, ch 137, §1, 2
Referred to in §22.7(43), 502.601, 502.602, 502.608
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 502 - UNIFORM SECURITIES ACT (BLUE SKY LAW) › Section 502.609 - Judicial review of orders.

502.609 Judicial review of orders.
A final order issued by the administrator under this chapter is subject to judicial review in accordance with chapter 17A.
[SS15, §1920-u5; C24, 27, §8534, 8535; C31, 35, §8581-c9; C39, §8581.09; C46, 50, 54, 58, 62, 66, 71, 73, 75, §502.9; C77, 79, 81, §502.609]
91 Acts, ch 40, §35; 97 Acts, ch 114, §18; 2000 Acts, ch 1147, §19; 2004 Acts, ch 1161, §59, 68
Referred to in §502.604
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 502 - UNIFORM SECURITIES ACT (BLUE SKY LAW) › Section 502.611 - Service of process.

502.611 Service of process.
1. Signed consent to service of process. A consent to service of process 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 administrator as a 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 of process 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.
2. Conduct constituting appointment of agent for service of process. 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 1, the act, practice, or course of business constitutes the appointment of the administrator 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.
3. Procedure for service of process. If service of process is made on the administrator under subsection 1 or 2 it shall be made as provided in section 505.30, but is not effective unless all of the following apply:
a. The plaintiff, which may be the administrator, shall promptly send notice of the service of process and a copy of the service of process by certified mail 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, to the defendant’s or respondent’s last known principal place of business.
b. The plaintiff shall file an affidavit of compliance with this subsection in the action or proceeding on or before the return day of the service of process, if any, or within the time that the court, or the administrator in a proceeding before the administrator, allows.
4. Service of process in an administrative proceeding or civil action by administrator. Service of process pursuant to subsection 3 may be used in a proceeding before the administrator or by the administrator in a civil action in which the administrator is the moving party.
5. Opportunity to defend. If process is served under subsection 3, the court, or the administrator in a proceeding before the administrator, shall order continuances as are necessary or appropriate to afford the defendant or respondent reasonable opportunity to defend.
[C77, 79, 81, §502.611]
90 Acts, ch 1196, §5; 2004 Acts, ch 1161, §61, 68; 2018 Acts, ch 1018, §1
Referred to in §502.201, 502.302, 502.303, 502.304, 502.405, 502.406
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 502 - UNIFORM SECURITIES ACT (BLUE SKY LAW) › Section 502.612 - Severability clause.

502.612 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.
2004 Acts, ch 1161, §62, 68
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 502 - UNIFORM SECURITIES ACT (BLUE SKY LAW) › Section 502.701 - Public joint investment trusts.

502.701 Public joint investment trusts.
1. A joint investment trust organized pursuant to chapter 28E for the purposes of joint investment of public funds is subject to the jurisdiction and authority of the administrator, including all requirements of this chapter, except the registration provisions of sections 502.301 and 502.321I.
2. The administrator may make examinations within or without the state, of the business and records of each joint investment trust, at the times and in the scope as the administrator determines. The administrator shall have the authority to contract for outside professional services in the conduct of examinations. The examinations may be made without prior notice to the joint investment trust or the trust’s investment advisor. The administrator may copy all records the administrator feels are necessary to conduct the examination. The expense reasonably attributable to the examination shall be paid by the joint investment trusts whose business is examined. For the purpose of avoiding unnecessary duplication of examinations, the administrator may cooperate with other regulatory authorities.
92 Acts, ch 1156, §41; 2005 Acts, ch 19, §124, 126
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 502 - UNIFORM SECURITIES ACT (BLUE SKY LAW) › Section 502.801 - Definitions.

502.801 Definitions.
For purposes of this article, unless the context otherwise requires:
1. “Eligible adult” means any of the following:
a. A person sixty-five years of age or older.
b. A dependent adult as defined in section 235B.2.
2. “Financial exploitation” means any act or omission taken by a person to wrongfully and knowingly deprive an eligible adult of money, assets, or property, or to obtain control over or otherwise use, convert, or divert the benefits, property, resources, or assets of the eligible adult by intimidation, deception, coercion, fraud, extortion, or undue influence.
3. “Permissible third party” means any of the following:
a. A person the eligible adult previously designated to receive the notification described in section 502.804.
b. A person otherwise permitted to receive the notification described in section 502.804 by any state or federal law or any rule issued by the financial industry regulatory authority.
4. “Qualified individual” means any of the following:
a. An agent who has received training pursuant to section 502.808.
b. An investment adviser representative who has received training pursuant to section 502.808.
c. A person who has received training pursuant to section 502.808 and who serves in a supervisory, compliance, senior investor protection, or legal capacity for any of the following:
(1) A broker-dealer.
(2) An investment adviser.
2021 Acts, ch 137, §3
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 502 - UNIFORM SECURITIES ACT (BLUE SKY LAW) › Section 502.802 - Notification to administrator.

502.802 Notification to administrator.
If a broker-dealer, investment adviser, or qualified individual reasonably believes financial exploitation of an eligible adult has occurred, has been attempted, or is being attempted, the broker-dealer, investment adviser, or qualified individual may promptly notify the administrator. The administrator may adopt rules regarding the form and manner of the notification under this section.
2021 Acts, ch 137, §4
Referred to in §502.809
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 502 - UNIFORM SECURITIES ACT (BLUE SKY LAW) › Section 502.803 - Notification to administrator — immunity.

502.803 Notification to administrator — immunity.
A broker-dealer, investment adviser, or qualified individual who, acting reasonably and in good faith, makes a disclosure of information to the administrator pursuant to this article 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. Other than matters related to the reporting of the financial exploitation of an eligible adult pursuant to this section, this section shall not abrogate or modify any existing statutory or common law privileges or immunities.
2021 Acts, ch 137, §5
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 502 - UNIFORM SECURITIES ACT (BLUE SKY LAW) › Section 502.804 - Notification to permissible third party.

502.804 Notification to permissible third party.
1. If a broker-dealer, investment adviser, or qualified individual reasonably believes financial exploitation of an eligible adult has occurred, has been attempted, or is being attempted, the broker-dealer, investment adviser, or qualified individual may notify a permissible third party. The administrator may adopt rules regarding the form and manner of the notification under this section.
2. Broker-dealers, investment advisers, and qualified individuals shall not notify a permissible third party the broker-dealer, investment adviser, or qualified individual reasonably suspects of financial exploitation or other abuse of the eligible adult.
2021 Acts, ch 137, §6
Referred to in §502.801, 502.805
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 502 - UNIFORM SECURITIES ACT (BLUE SKY LAW) › Section 502.805 - Notification to permissible third party — immunity.

502.805 Notification to permissible third party — immunity.
A broker-dealer, investment adviser, or qualified individual who, acting reasonably and in good faith, complies with section 502.804 shall be immune from any administrative or civil liability that might otherwise arise from such disclosure.
2021 Acts, ch 137, §7
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 502 - UNIFORM SECURITIES ACT (BLUE SKY LAW) › Section 502.807 - Disbursements or transactions — delay — immunity.

502.807 Disbursements or transactions — delay — immunity.
A broker-dealer or investment adviser who, acting reasonably and in good faith, complies with section 502.806 shall be immune from any administrative or civil liability that might otherwise arise from such delay in a disbursement or transaction.
2021 Acts, ch 137, §9
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 502 - UNIFORM SECURITIES ACT (BLUE SKY LAW) › Section 502.808 - Training requirements.

502.808 Training requirements.
1. A broker-dealer or investment adviser shall provide to its qualified individuals training appropriate to the job responsibilities of a qualified individual. The training shall include all of the following:
a. Instruction on how to identify the suspected or attempted exploitation of an eligible adult, including common signs indicating the financial exploitation of an eligible adult, and how to provide notification regarding the suspected or attempted exploitation of an eligible adult.
b. Instruction regarding privacy and confidentiality requirements.
2. A broker-dealer or investment adviser shall provide the training required by this section as soon as reasonably practicable, but at least within one year after the date the qualified individual begins employment with or becomes affiliated or associated with a broker-dealer or investment adviser.
3. The administrator may adopt rules specifying the content and method of the training required by this section.
2021 Acts, ch 137, §10
Referred to in §502.801
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 502 - UNIFORM SECURITIES ACT (BLUE SKY LAW) › Section 502.809 - Records.

502.809 Records.
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 the administrator, either as part of a notification to the administrator pursuant to section 502.802, or upon the request of the administrator. The records may include historical records as well as records relating to the most recent transactions that may comprise financial exploitation of an eligible adult. The administrator may share the records with law enforcement if the administrator determines it is necessary or appropriate in the public interest and for the protection of the eligible adult. All records made available to the administrator or law enforcement pursuant to this section shall be considered confidential public records under chapter 22 and shall not be available for examination by the public pursuant to section 22.2. Nothing in this section shall limit or otherwise impede the authority of the administrator or law enforcement to access or examine the books and records of broker-dealers and investment advisers as otherwise provided by law.
2021 Acts, ch 137, §11
Referred to in §502.607
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 502 - UNIFORM SECURITIES ACT (BLUE SKY LAW) › Section 502.810 - Financial exploitation — reporting.

502.810 Financial exploitation — reporting.
Annually, on or before January 15 of each year, the insurance division shall submit a report to the governor and the general assembly concerning the notifications the insurance division received related to the potential financial exploitation of eligible adults, and the insurance division’s investigation of the notifications, during the preceding calendar year. The report shall include the number of notifications the insurance division received, the amount of time employees of the insurance division spent investigating the notifications, and the number of incidents of founded financial exploitation of eligible adults.
2021 Acts, ch 137, §12
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 502A - COMMODITIES CODE › Section 502A.2 - Unlawful commodity transactions.

502A.2 Unlawful commodity transactions.
Except as otherwise provided in section 502A.3 or 502A.4, a person shall not sell or purchase, or offer to sell or purchase, a commodity under a commodity contract, or under a commodity option, or offer to enter into, or enter into as seller or purchaser, a commodity contract or commodity option.
90 Acts, ch 1169, §2
Referred to in §502A.3, 502A.4, 502A.6, 502A.19, 502A.22
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 502A - COMMODITIES CODE › Section 502A.3 - Exempt person transactions.

502A.3 Exempt person transactions.
1. The prohibitions in section 502A.2 do not apply to a transaction in which any of the following persons, or any employee, officer, or director of a listed person acting solely in that capacity, is the purchaser or seller:
a. A person registered with the commodity futures trading commission as a futures commission merchant or as a leverage transaction merchant whose activities require such registration.
b. A person registered with the securities and exchange commission as a broker-dealer whose activities require such registration.
c. A person affiliated with, and whose obligations and liabilities under the transaction are guaranteed by, a person referred to in paragraph “a” or “b”.
d. A person who is a member of a contract market designated by the commodity futures trading commission, or any CFTC clearinghouse.
e. A financial institution.
f. A person registered under the laws of this state as a securities broker-dealer whose activities require such registration.
2. This exemption provided by this section does not apply to any transaction or activity which is prohibited by the Commodity Exchange Act or CFTC rule.
90 Acts, ch 1169, §3; 2012 Acts, ch 1023, §100
Referred to in §502A.2, 502A.4, 502A.6
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 502A - COMMODITIES CODE › Section 502A.5 - Unlawful commodity activities.

502A.5 Unlawful commodity activities.
1. A person shall not engage in a trade or business or otherwise act as a commodity merchant unless the person is either of the following:
a. Registered or temporarily licensed with the commodity futures trading commission for each activity constituting the person as a commodity merchant and the registration or temporary license has not expired, been suspended, or revoked.
b. Exempt from such registration by virtue of the Commodity Exchange Act or of a CFTC rule.
2. A board of trade shall not trade, or provide a place for the trading of, any commodity contract or commodity option required to be traded on or subject to the rules of a contract market designated by the commodity futures trading commission unless the board of trade has been so designated for the commodity contract or commodity option and the designation has not been vacated, suspended, or revoked.
90 Acts, ch 1169, §5
Referred to in §502A.19
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 502A - COMMODITIES CODE › Section 502A.6 - Fraudulent conduct.

502A.6 Fraudulent conduct.
A person shall not directly or indirectly do any of the following in or in connection with the purchase or sale of, the offer to sell, the offer to purchase, the offer to enter into, or the entry into of, a commodity contract or commodity option subject to section 502A.2, 502A.3, 502A.4, subsection 1, paragraph “b”, or section 502A.4, subsection 1, paragraph “d”:
1. Cheat or defraud, or attempt to cheat or defraud, another person or employ any device, scheme, or artifice to defraud another person.
2. Make a false report or enter a false record.
3. Make an untrue statement of a material fact or omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading.
4. Engage in a transaction, act, practice, or course of business, including, without limitation, any form of advertising or solicitation, which operates or would operate as a fraud or deceit upon any person.
5. Misappropriate or convert the funds, security, or property of another person.
90 Acts, ch 1169, §6
Referred to in §502A.19
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 502A - COMMODITIES CODE › Section 502A.7 - Liability of principals, controlling persons, and others.

502A.7 Liability of principals, controlling persons, and others.
1. The act, omission, or failure of an official, agent, or other person acting for an individual, association, partnership, corporation, or trust within the scope of the person’s employment or office shall be deemed the act, omission, or failure of the individual, association, partnership, corporation, or trust, as well as of the person.
2. A person who directly or indirectly controls another person liable under this chapter, a partner, officer, or director of the other person, a person occupying a similar status or performing similar functions, and an employee of such other person who materially aids in the violation, is liable jointly and severally with and to the same extent as the other person, unless the person who is liable by virtue of this provision sustains the burden of proof that the person did not know, and in exercise of reasonable care could not have known, of the existence of the facts by reason of which the liability is alleged to exist.
90 Acts, ch 1169, §7
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 502A - COMMODITIES CODE › Section 502A.8 - Securities laws unaffected.

502A.8 Securities laws unaffected.
This chapter does not impair, derogate, or otherwise affect the authority or powers of the administrator under chapter 502 or the application of any provision of chapter 502 to a person or transaction subject to that chapter.
90 Acts, ch 1169, §8
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 502A - COMMODITIES CODE › Section 502A.9 - Purpose.

502A.9 Purpose.
This chapter may be construed and implemented to effectuate its general purpose to protect investors, to prevent and prosecute illegal and fraudulent schemes involving commodity contracts and to maximize coordination with federal and other states’ laws and the administration and enforcement of those laws. This chapter is not intended to create any rights or remedies upon which actions may be brought by private persons against persons who violate this chapter.
90 Acts, ch 1169, §9
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 502A - COMMODITIES CODE › Section 502A.11 - Investigations.

502A.11 Investigations.
1. The administrator may make investigations, within or without this state, as the administrator finds necessary or appropriate to do either or both of the following:
a. Determine whether any person has violated, or is about to violate this chapter or any rule or order of the administrator.
b. Aid in enforcement of this chapter.
2. The administrator may publish information concerning a violation of this chapter or any rule or order of the administrator.
3. For purposes of an investigation or proceeding under this chapter, the administrator or any officer or employee designated by rule or order, 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 administrator finds to be relevant or material to the inquiry.
4. a. If a person does not give testimony or produce the documents required by the administrator or a designated employee pursuant to an administrative subpoena, the administrator or designated employee may apply for a court order compelling compliance with the subpoena or the giving of the required testimony.
b. The request for order of compliance may be addressed to either of the following:
(1) The Polk county district trial court or the district court where service may be obtained on the person refusing to testify or produce, if the person is within this state.
(2) The appropriate court of the state having jurisdiction over the person refusing to testify or produce, if the person is outside this state.
90 Acts, ch 1169, §10
Referred to in §502A.12, 502A.15
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 502A - COMMODITIES CODE › Section 502A.12 - Enforcement of chapter.

502A.12 Enforcement of chapter.
1. If the administrator believes, whether or not based upon an investigation conducted under section 502A.11, that a person has engaged or is about to engage in an act or practice constituting a violation of this chapter or a rule or order issued under this chapter, the administrator may do any or all of the following:
a. Issue a cease and desist order.
b. Issue an order imposing a civil penalty in amount which may not exceed ten thousand dollars for a single violation or one hundred thousand dollars for multiple violations in a single proceeding or a series of related proceedings.
c. Initiate any of the actions specified in subsection 2.
2. The administrator may institute any or all of the following actions in the appropriate courts of this state, or in the appropriate courts of another state, in addition to any legal or equitable remedies otherwise available:
a. A declaratory judgment.
b. An action for a prohibitory or mandatory injunction to enjoin the violation and to ensure compliance with this chapter or a rule or order of the administrator.
c. An action for disgorgement.
d. An action for appointment of a receiver or conservator for the defendant or the defendant’s assets.
e. An action for restitution.
90 Acts, ch 1169, §11
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 502A - COMMODITIES CODE › Section 502A.14 - Criminal penalties.

502A.14 Criminal penalties.
1. A person who willfully violates either of the following shall, upon conviction, be fined not more than twenty thousand dollars or be imprisoned not more than ten years, or both, for each violation.
a. This chapter.
b. A rule or order of the administrator under this chapter.
2. A person convicted of violating a rule or order under this chapter may be fined, but may not be imprisoned, if the person proves the person had no knowledge of the rule or order.
3. The administrator may refer such evidence as is available concerning violations of this chapter or any rule or order of the administrator to the attorney general or the proper county attorney, who may, with or without such a reference from the administrator, institute the appropriate criminal proceedings under this chapter.
4. This chapter does not limit the power of the state to proceed against a person for conduct which constitutes a breach of duty, a crime, or a violation under common law, rule, or another statute. An action pursuant to this chapter is not an election of remedies, and an aggrieved person or the state retains any other common law or statutory causes of action which may exist against a person alleged to have violated this chapter or against a person convicted of such a violation.
90 Acts, ch 1169, §13
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 502A - COMMODITIES CODE › Section 502A.15 - Administration of chapter.

502A.15 Administration of chapter.
1. This chapter shall be administered by the administrator of the securities and regulated industries bureau of the insurance division of the department of commerce.
2. The administrator or any employees of the administrator shall not use any information which is filed with or obtained by the administrator which is not public information for personal gain or benefit, and the administrator or any employees of the administrator shall not conduct any securities or commodity dealings based upon any such information, even though public, if there has not been a sufficient period of time for the securities or commodity markets to assimilate such information.
3. a. Except as provided in paragraph “b”, all information collected, assembled, or maintained by the administrator is public information and is available for the examination of the public as provided by chapter 22.
b. The following are exceptions to paragraph “a” and are confidential:
(1) Information obtained in an investigation pursuant to section 502A.11, unless published pursuant to section 502A.11, subsection 2.
(2) Information made confidential by chapter 22.
(3) Information obtained from federal agencies which cannot be disclosed under federal law.
c. The administrator in the administrator’s discretion may disclose any information made confidential under paragraph “b” to persons identified in section 502A.16, subsection 1.
d. This chapter does not create or derogate any privilege which exists at common law, by statute or otherwise when documentary or other evidence is sought under subpoena directed to the administrator or any employee of the administrator.
90 Acts, ch 1169, §14; 2006 Acts, ch 1117, §14
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 502A - COMMODITIES CODE › Section 502A.16 - Cooperation with other agencies.

502A.16 Cooperation with other agencies.
1. To encourage uniform application and interpretation of this chapter and securities regulation and enforcement in general, the administrator and the employees of the administrator may cooperate, including bearing the expense of the cooperation, with the securities agencies or administrator of another jurisdiction, Canadian province or territory or such other agencies administering this chapter, the commodity futures trading commission, the United States securities and exchange commission, any self-regulatory organization established under the Commodity Exchange Act or the federal Securities Exchange Act of 1934, any national or international organization of commodities or securities officials or agencies, and any governmental law enforcement agency.
2. The cooperation authorized by subsection 1 shall include, but need not be limited to, any or all of the following:
a. Making joint examinations or investigations.
b. Holding joint administrative hearings.
c. Filing and prosecuting joint litigation.
d. Sharing and exchanging personnel.
e. Sharing and exchanging information and documents.
f. Formulating and adopting mutual regulations, statements of policy, guidelines, proposed statutory changes, and releases.
g. Issuing and enforcing subpoenas at the request of the agency administering this chapter in another jurisdiction, the securities agency of another jurisdiction, the commodity futures trading commission or the United States securities and exchange commission if the information sought would also be subject to lawful subpoena for conduct occurring in this state.
90 Acts, ch 1169, §15
Referred to in §502A.15
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 502A - COMMODITIES CODE › Section 502A.17 - General authority to adopt rules, forms, and orders.

502A.17 General authority to adopt rules, forms, and orders.
1. In addition to specific authority granted elsewhere in this chapter, the administrator may adopt rules and forms, pursuant to chapter 17A, and issue orders as are necessary to administer this chapter. Rules or forms to be adopted shall include, but need not be limited to, the following:
a. Rules defining any terms, whether or not used in this chapter, insofar as the definitions are not inconsistent with the provisions of this chapter.
b. For the purpose of rules or forms, the administrator may classify commodities and commodity contracts, persons, and matters within the administrator’s jurisdiction.
2. Unless specifically provided in this chapter, a rule, form, or order shall not be adopted or issued unless the administrator finds that the action is both of the following:
a. Necessary or appropriate in the public interest or for the protection of investors.
b. Consistent with the purposes fairly intended by the policy of this chapter.
3. All rules and forms of the administrator shall be published as provided in chapter 17A.
4. A provision of this chapter imposing any liability shall not apply to an act done or omitted in good faith in conformity with a rule or form adopted or order issued by the administrator, notwithstanding that the rule, order, or form may later be amended, or rescinded, or be determined by judicial or other authority to be invalid for any reason.
90 Acts, ch 1169, §16
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 502A - COMMODITIES CODE › Section 502A.18 - Consent to service of process.

502A.18 Consent to service of process.
When a person, including a nonresident of this state, engages in conduct prohibited or made actionable by this chapter or any rule or order of the administrator, the conduct shall constitute the appointment of the administrator as the person’s attorney to receive service of any lawful process in a noncriminal proceeding against the person, a successor, or personal representative, which grows out of that conduct and which is brought under this chapter or any rule or order of the administrator with the same force and validity as if served personally.
90 Acts, ch 1169, §17
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 502A - COMMODITIES CODE › Section 502A.19 - Chapter scope.

502A.19 Chapter scope.
1. Sections 502A.2, 502A.5, and 502A.6 apply to a person who sells or offers to sell when either of the following occurs:
a. An offer to sell is made in this state.
b. An offer to buy is made and accepted in this state.
2. Sections 502A.2, 502A.5, and 502A.6 apply to a person who buys or offers to buy when either of the following occur:
a. An offer to buy is made in this state.
b. An offer to sell is made and accepted in this state.
3. For the purpose of this section, an offer to sell or to buy is made in this state, whether or not either party is then present in this state, when either of the following occurs:
a. The offer originates from this state.
b. The offer is directed by the offeror to this state and received at the place to which it is directed, or at any post office in this state in the case of a mailed offer.
4. For the purpose of this section, an offer to buy or to sell is accepted in this state when the acceptance satisfies both of the following conditions:
a. The acceptance is communicated to the offeror in this state.
b. The acceptance has not previously been communicated to the offeror, orally or in writing, outside this state; and acceptance is communicated to the offeror in this state, whether or not either party is then present in this state, when the offeree directs it to the offeror in this state, reasonably believing the offeror to be in this state and it is received at the place to which it is directed, or at any post office in this state in the case of a mailed acceptance.
5. An offer to sell or to buy is not made in this state when either of the following occurs:
a. The publisher circulates or there is circulated on the publisher’s behalf in this state any bona fide newspaper or other publication of general, regular, and paid circulation which is not published in this state, or which is published in this state but has had more than two-thirds of its circulation outside this state during the past twelve months.
b. A radio or television program originating outside this state is received in this state.
90 Acts, ch 1169, §18
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 502A - COMMODITIES CODE › Section 502A.20 - Effect of pending judicial review.

502A.20 Effect of pending judicial review.
The filing of a petition for judicial review pursuant to chapter 17A does not, unless specifically ordered by the court, operate as a stay of the administrator’s order, and the administrator may enforce or ask the court to enforce the order pending the outcome of the review proceedings.
90 Acts, ch 1169, §19
Referred to in §502A.4
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 502A - COMMODITIES CODE › Section 502A.21 - Pleading exemptions.

502A.21 Pleading exemptions.
It is not necessary for the state to plead the absence of an exemption under this chapter in a complaint, information, or indictment, or a writ or proceeding brought under this chapter. The burden of proof of a claimed exemption is upon the party claiming the exemption.
90 Acts, ch 1169, §20
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 502A - COMMODITIES CODE › Section 502A.22 - Affirmative defense.

502A.22 Affirmative defense.
It is an affirmative defense in a complaint, information, indictment, writ, or proceeding brought under this chapter alleging a violation of section 502A.2 based solely on the failure in an individual case to make physical delivery within the applicable time period under section 502A.1, subsection 5, or section 502A.4, subsection 1, paragraph “b” if both of the following apply:
1. Failure to make physical delivery was due solely to factors beyond the control of the seller, the seller’s officers, directors, partners, agents, servants, or employees, every person occupying a similar status or performing similar functions, every person who directly or indirectly controls or is controlled by the seller, or any of them, the seller’s affiliates, subsidiaries, or successors.
2. Physical delivery was completed within a reasonable time under the applicable circumstances.
90 Acts, ch 1169, §21
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 504 - REVISED IOWA NONPROFIT CORPORATION ACT › Section 504.102 - Reservation of power to amend or repeal.

504.102 Reservation of power to amend or repeal.
The general assembly has power to amend or repeal all or part of this chapter at any time and all domestic and foreign corporations subject to this chapter are governed by the amendment or repeal.
2004 Acts, ch 1049, §2, 192
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 504 - REVISED IOWA NONPROFIT CORPORATION ACT › Section 504.103 - Limitation on requirements imposed on corporations.

504.103 Limitation on requirements imposed on corporations.
A state agency or state official shall not impose any regulation or reporting requirement on corporations, as defined in section 504.141, that exceeds the requirements of state or federal law.
2021 Acts, ch 124, §1
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 504 - REVISED IOWA NONPROFIT CORPORATION ACT › Section 504.111A - Secretary of state — extra services — surcharge.

504.111A Secretary of state — extra services — surcharge.
Upon the request of a filer of a document under this chapter, the secretary of state shall provide an extra filing service and assess a surcharge as provided in chapter 9, subchapter II.
2021 Acts, ch 165, §262
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 504 - REVISED IOWA NONPROFIT CORPORATION ACT › Section 504.112 - Forms.

504.112 Forms.
1. The secretary of state may prescribe and furnish on request forms for an application for a certificate of existence, a foreign corporation’s application for a certificate of authority to transact business in this state, a foreign corporation’s application for a certificate of withdrawal, and the biennial report. If the secretary of state so requires, use of these forms is mandatory.
2. The secretary of state may prescribe and furnish on request forms for other documents required or permitted to be filed by this chapter, but their use is not mandatory.
2004 Acts, ch 1049, §4, 192
Referred to in §504.111
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 504 - REVISED IOWA NONPROFIT CORPORATION ACT › Section 504.113 - Filing, service, and copying fees.

504.113 Filing, service, and copying fees.
1. The secretary of state shall collect the following fees, as provided by the secretary of state, when the documents described in this subsection are delivered for filing:
DOCUMENT FEE
a. Articles of incorporation $ __
b. Application for use of indistinguishable
name $ __
c. Application for reserved name $ __
d. Notice of transfer of reserved name $ __
e. Application for registered name $ __
f. Application for renewal of registered
name $ __
g. Corporation’s statement of change
of registered agent or registered office or
both $ __
h. Agent’s statement of change of
registered office for each affected corporation
not to exceed a total of $ __
i. Agent’s statement of resignation No fee
j. Amendment of articles of
incorporation $ __
k. Restatement of articles of incorporation
with amendments $ __
l. Articles of merger $ __
m. Articles of dissolution $ __
n. Articles of revocation of dissolution $ __
o. Certificate of administrative
dissolution $ __
p. Application for reinstatement following
administrative dissolution $ __
q. Certificate of reinstatement No fee
r. Certificate of judicial dissolution No fee
s. Application for certificate of
authority $ __
t. Application for amended certificate of
authority $ __
u. Application for certificate of
withdrawal $ __
v. Certificate of revocation of authority
to transact business No fee
w. Biennial report $ __
x. Articles of correction $ __
y. Application for certificate of existence or
authorization $ __
z. Any other document required or
permitted to be filed by this chapter $ __
2. The secretary of state shall collect a fee upon being served with process under this chapter. The party to a proceeding causing service of process is entitled to recover the fee paid the secretary of state as costs if the party prevails in the proceeding.
3. The secretary of state shall collect fees for copying and certifying the copy of any filed document relating to a domestic or foreign corporation.
2004 Acts, ch 1049, §5, 192
Referred to in §9.11
Authority to refund fees;
2012 Acts, ch 1131, §28
;
2013 Acts, ch 135, §24, 52
; 2015 Acts, ch 141, §22, 60, 67, 68;
2017 Acts, ch 171, §23, 50
; 2019 Acts, ch 136, §23;
2020 Acts, ch 1121, §1
; 2021 Acts, ch 142, §23; 2022 Acts, ch 1140, §23
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 504 - REVISED IOWA NONPROFIT CORPORATION ACT › Section 504.114 - Effective date of document.

504.114 Effective date of document.
1. Except as provided in subsection 2 and section 504.115, a document is effective at the later of the following times:
a. At the date and time of filing, as evidenced by such means as the secretary of state may use for the purpose of recording the date and time of filing.
b. At the time specified in the document as its effective time on the date it is filed.
2. A document may specify a delayed effective time and date, and if it does so the document becomes effective at the time and date specified. If a delayed effective date but no time is specified, the document is effective at the close of business on that date. A delayed effective date for a document shall not be later than the ninetieth day after the date filed.
2004 Acts, ch 1049, §6, 192
Referred to in §504.1104, 504.1613
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 504 - REVISED IOWA NONPROFIT CORPORATION ACT › Section 504.115 - Correcting filed document.

504.115 Correcting filed document.
1. A domestic or foreign corporation may correct a document filed by the secretary of state if the document satisfies one of the following:
a. The document contains an inaccuracy.
b. The document was defectively executed, attested, sealed, verified, or acknowledged.
c. The electronic transmission was defective.
2. A document is corrected by doing both of the following:
a. By preparing articles of correction that satisfy all of the following requirements:
(1) Describe the document, including its filing date, or attach a copy of the document to the articles.
(2) Specify the inaccuracy or defect to be corrected.
(3) Correct the incorrect statement or defective execution.
b. By delivering the articles of correction to the secretary of state for filing.
3. Articles of correction are effective on the effective date of the document they correct except as to persons relying on the uncorrected document and adversely affected by the correction. As to those persons, articles of correction are effective when filed.
2004 Acts, ch 1049, §7, 192; 2005 Acts, ch 3, §79
Referred to in §9.11, 9.14, 504.114
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 504 - REVISED IOWA NONPROFIT CORPORATION ACT › Section 504.116 - Filing duty of secretary of state.

504.116 Filing duty of secretary of state.
1. If a document delivered to the office of the secretary of state for filing satisfies the requirements of section 504.111, the secretary of state shall file it.
2. The secretary of state files a document by recording the document as filed on the date and the time of receipt. After filing a document, except as provided in sections 504.504, 504.1510, and 504.1613, the secretary of state shall deliver to the domestic or foreign corporation or its representative a copy of the document with an acknowledgment of the date and time of filing.
3. Upon refusing to file a document, the secretary of state shall return it to the domestic or foreign corporation or its representative, together with a brief, written explanation of the reason or reasons for the refusal.
4. The secretary of state’s duty to file documents under this section is ministerial. Filing or refusal to file a document does not do any of the following:
a. Affect the validity or invalidity of the document in whole or in part.
b. Relate to the correctness or incorrectness of information contained in the document.
c. Create a presumption that the document is valid or invalid or that information contained in the document is correct or incorrect.
2004 Acts, ch 1049, §8, 192
2023 Iowa Code › Title XII - BUSINESS ENTITIES › Chapter 504 - REVISED IOWA NONPROFIT CORPORATION ACT › Section 504.117 - Appeal from secretary of state’s refusal to file document.

504.117 Appeal from secretary of state’s refusal to file document.
1. If the secretary of state refuses to file a document delivered for filing to the secretary of state’s office, the domestic or foreign corporation may appeal the refusal to the district court in the county where the corporation’s principal office, or if there is none in this state, its registered office, is or will be located. The appeal is commenced by petitioning the court to compel filing the document and by attaching to the petition the document and the secretary of state’s explanation of the refusal to file.
2. The court may summarily order the secretary of state to file the document or take other action the court considers appropriate.
3. The court’s final decision may be appealed as in other civil proceedings.
2004 Acts, ch 1049, §9, 192