reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 110 - Labels, Trade Marks, Names and Registration Thereof › Section 4b - Use of Words or Phrases Leading Public to Believe That Business Is Owned, Operated or Managed by United States; ''massachusetts State Fair''

Section 4B. No person, firm, corporation or association, other than an agency or instrumentality of the United States government, selling or offering for sale goods, wares or merchandise, shall use, or cause or permit to be used, in the corporate or trade name thereof, or in the description of the seller or of the place where the goods, wares or merchandise are offered for sale or sold, the words or phrases ''Army'', ''Navy'', ''Marine Corps'', ''Marines'', ''Coast Guard'', ''Government'', ''Post Exchange'', ''P–X'' or ''G. I.'', or any of such words or phrases, or any word or phrase which may lead the public to believe that the seller or his or its place of business is owned, operated or managed by the United States government or any agency thereof; provided, that said words or phrases may be used in the corporate name of a corporation organized under the provisions of chapter one hundred and eighty if such use is approved by the state secretary. No person, firm, corporation or association, other than an agency or instrumentality of the commonwealth shall use the words ''Massachusetts State Fair'' or any such words or phrases without the written consent of the commissioner of agriculture.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 110 - Labels, Trade Marks, Names and Registration Thereof › Section 5 - Certificates of Persons Conducting Businesses; Contents; Filing; Fees; Index

Section 5. Any person conducting business in the commonwealth under any title other than the real name of the person conducting the business, whether individually or as a partnership, shall file in the office of the clerk of every city or town where an office of any such person or partnership may be situated a certificate stating the full name and residence of each person conducting such business, the place, including street and number, where, and the title under which, it is conducted, and pay the fee as provided by clause (20) of section thirty-four of chapter two hundred and sixty-two. Such certificate shall be executed under oath by each person whose name appears therein as conducting such business and shall be signed by each such person in the presence of the city or town clerk or a person designated by him or in the presence of a person authorized to take oaths. The city or town clerk may request the person filing such certificate to produce evidence of his identity and, if such person does not, upon such request, produce evidence thereof satisfactory to such clerk, the clerk shall enter a notation of that fact on the face of the certificate. A person who has filed such a certificate shall, upon his discontinuing, retiring or withdrawing from such business or partnership, or in the case of a change of residence of such person or of the location where the business is conducted, file in the office of said clerk a statement under oath that he has discontinued, retired or withdrawn from such business or partnership or of such change of his residence or change of the location of such business, and pay the fee required by clause (21) of said section thirty-four. In the case of death of such a person, such statement may be filed by the executor or administrator of his estate. The clerk shall keep a suitable index of all certificates so filed with him which are currently in force and effect, setting forth the pertinent facts, including a reference to any statement of discontinuance, retirement or withdrawal from, or change of location of, such business, or change of residence of such person. A certificate issued in accordance with this section shall be in force and effect for four years from the date of issue and shall be renewed each four years thereafter so long as such business shall be conducted and shall lapse and be void unless so renewed. Copies of such certificates shall be available at the address at which such business is conducted and shall be furnished on request during regular business hours, to any person who has purchased goods or services from such business. Violations of this section shall be punished by a fine of not more than three hundred dollars for each month during which such violation continues.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 110 - Labels, Trade Marks, Names and Registration Thereof › Section 6 - Certificates; Application of Sec. 5

Section 6. The preceding section shall not apply to any corporation doing business under its true corporate name, nor to any partnership doing business under any title which includes the true surname of any partner; nor to any association which has complied with sections five and six of chapter one hundred and fifty-nine; nor to any partnership, joint stock company or association the business of which is conducted by trustees under a written instrument or declaration of trust, provided that the names of such trustees with a reference to such instrument or declaration of trust shall be filed as provided in section five, nor to any limited partnership organized or qualified under chapter one hundred and nine doing business under its true partnership name if such name contains without abbreviation the words ''limited partnership''; nor to a limited liability company or limited liability partnership which is doing business under its true name and which has registered or qualified with the office of the state secretary.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 110 - Labels, Trade Marks, Names and Registration Thereof › Section 16 - Unauthorized Performances of Unpublished Compositions

Section 16. No person with knowledge or notice that a dramatic or musical composition is unpublished or undedicated shall, without the consent of the proprietor thereof, cause it to be publicly performed or represented or permit a public performance or representation of it, in any public place of amusement, licensed or unlicensed, of which he is in control, or take part in any public performance or representation thereof.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 110 - Labels, Trade Marks, Names and Registration Thereof › Section 17 - Registration of Bottles; Description of Name on Bottles; Fees; Publication

Section 17. A person engaged in manufacturing, bottling or selling beverages in vessels, with his name and the word ''registered'' branded, engraved, blown or otherwise produced thereon, or on boxes used by him, may have such vessels registered by filing in the office of the clerk of the city or town where his principal place of business is situated and in the office of the state secretary a description of the name so used by him and paying the fee provided by clause (63) of section thirty-four of chapter two hundred and sixty-two, and shall publish such description once in each of four successive weeks in a newspaper published in the city or town where the description has been filed.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 110 - Labels, Trade Marks, Names and Registration Thereof › Section 18 - Unlawful Use of Registered Bottles; Application of Section

Section 18. No person, without the written consent of the registered owner thereof, shall fill with a beverage with intent to sell the same any vessel registered under the preceding section, or change in any way, or conceal any name or the word ''registered'' thereon, or buy, sell, traffic in or dispose of any such vessel. This section shall not apply to vessels purchased from the registered owner; provided, that making a money charge or requiring the deposit of a sum of money under an agreement to refund the same upon the redelivery of the vessel shall not constitute a purchase thereof, within the meaning of this section. Violation of any provision of this section shall for the first offence be punished by a fine of not less than fifty cents for each vessel in respect to which the violation occurs or by imprisonment for not less than ten days nor more than one year, or both, and for each subsequent offence by a fine of not less than one nor more than five dollars for each such vessel or by imprisonment for not less than twenty days nor more than one year.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 110 - Labels, Trade Marks, Names and Registration Thereof › Section 19 - Prima Facie Evidence of Unlawful Use

Section 19. The purchase, sale, traffic in, disposal or use of any such registered vessel by a person engaged in the manufacture, bottling or sale of beverages, without the written consent of the owner thereof, shall be prima facie evidence of a violation of the preceding section. Possession of any such registered vessel by a junk dealer or dealer in second hand articles, without the written consent of the owner, shall be prima facie evidence of such violation. This section shall not apply to vessels purchased from the owner.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 110 - Labels, Trade Marks, Names and Registration Thereof › Section 20 - Search Warrant

Section 20. Upon complaint of a person who has complied with section seventeen, or his agent, to a district court, that he has reason to believe and does believe that any of his registered vessels are being unlawfully used or filled by a person engaged in manufacturing, bottling or selling beverages, or that a junk dealer or dealer in second hand articles or a vendor of cans or bottles has such vessels in his possession or secreted in any place, said court may thereupon issue a search warrant; and may also cause the person in whose possession such vessels are found to be brought before him, and shall thereupon inquire into the circumstances of such possession; and shall award to the owner thereof possession of the property taken upon such search warrant.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 110 - Labels, Trade Marks, Names and Registration Thereof › Section 21 - Registration of Milk Cans; Description of Name; Fees; Publication

Section 21. A person engaged in buying, selling or dealing in milk or cream in cans, or who uses cans, tubs or cabinets in the sale, transportation or storage of frozen desserts and/or frozen dessert mix, with his name and the word ''registered'' produced in a permanent manner in or upon such cans, tubs or cabinets, may register such articles by filing in the office of the clerk of the city or town where his principal place of business is situated, and also in the office of the state secretary, a description of the name so used by him, and paying the fee provided by clause (64) of section thirty-four of chapter two hundred and sixty-two, and shall publish such description once in each of four successive weeks in a newspaper published in the city or town where the description has been filed.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 110 - Labels, Trade Marks, Names and Registration Thereof › Section 22 - Use of Registered Cans Without Consent of Owner

Section 22. No person shall without the consent of the owner take, detain, use, buy, sell, traffic in or otherwise dispose of any registered can, tub or cabinet. Possession of any such registered can, tub or cabinet by a person in the transaction of his business shall be prima facie evidence of violation of this section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 110 - Labels, Trade Marks, Names and Registration Thereof › Section 23 - Destruction or Mutilation of Registered Cans

Section 23. No person shall without the consent of an owner wilfully destroy, mutilate or deface any registered can, tub or cabinet bearing such owner's name, or wilfully erase, mar, cover or change any word or name branded, engraved, blown or otherwise produced in a permanent manner in or upon such can, tub or cabinet.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 110 - Labels, Trade Marks, Names and Registration Thereof › Section 24 - Defiling Registered Cans

Section 24. Whoever puts an unclean or foul substance into any registered can, tub or cabinet shall for the first offence be punished by a fine of not less than fifty cents nor more than five dollars for each can, tub or cabinet with respect to which the violation occurs and for any subsequent offence by a fine of not less than two nor more than twenty dollars for each such can, tub or cabinet.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 110 - Labels, Trade Marks, Names and Registration Thereof › Section 25 - Search Warrant

Section 25. Upon complaint of a person who has complied with section twenty-one, or his agent, to a district court that he has reason to believe and does believe that a person has wrongfully in his possession or is secreting any of his registered cans, tubs or cabinets, said court may issue a search warrant to discover and obtain the same, and may also cause to be brought before him the person or his agent or employee in whose possession such cans, tubs or cabinets are found, and shall thereupon inquire into the circumstances of such possession; and, if said court finds that such person has been guilty of a wilful violation of any of the provisions of the three preceding sections, he shall impose the penalty prescribed therefor and shall also order the property taken upon such search warrant to be delivered to the owner.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 110 - Labels, Trade Marks, Names and Registration Thereof › Section 25a - Registration of Articles

Section 25A. A person engaged in the business of supplying or furnishing for hire or compensation on a rental or lease basis clean laundered garments, towels, aprons, bed linen or table linen who uses his name and the word ''registered'' on such articles or supplies may register such articles or supplies by filing in the office of the clerk of the city or town where his principal place of business is situated, and also in the office of the state secretary, a description of the name so used by him, and paying the fee provided by clause (64) of section thirty-four of chapter two hundred and sixty-two, and shall publish such description once in each of three successive weeks in a newspaper having a circulation in the city or town where the description has been filed.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 110 - Labels, Trade Marks, Names and Registration Thereof › Section 25b - Unauthorized Use or Disposition of Registered Articles

Section 25B. No person shall without the written consent of the owner take, detain, use, sell, traffic in or otherwise dispose of, or use for any purpose other than that for which such article was intended, any registered towel, garment, apron, bed linen or table linen; provided, however, that the use of such article or articles at the place where the same are placed or delivered by the owner or owners under an agreement, lease or license from such owner, shall not be unlawful; and provided, further, that nothing herein contained shall make it unlawful for any hotel, restaurant, cafe or other public hostelry to permit and allow the use of such towel, garment, apron, bed linen or table linen to any guest, boarder or regularly hired employee thereof, during the period of any lease, renting or hiring agreement of said supplies with the owner thereof.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 110 - Labels, Trade Marks, Names and Registration Thereof › Section 25c - Unauthorized Destruction or Mutilation of Registered Articles

Section 25C. No person shall without the written consent of the owner wilfully destroy, mutilate or deface any registered towel, garment, apron, bed linen or table linen, or wilfully erase, mar, cover, remove or alter any word or name printed, branded, stamped or otherwise produced in a permanent manner upon such towel, garment, apron, bed linen or table linen.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 110 - Labels, Trade Marks, Names and Registration Thereof › Section 26 - False Trade Marks, Dies; Sale of Falsely Marked Goods

Section 26. Violations of any provisions of sections four A and four B shall be punished by a fine of not more than two hundred dollars or by imprisonment for not more than one year, or both.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 110 - Labels, Trade Marks, Names and Registration Thereof › Section 28 - Illegal Use of Registered Cans; Mutilation

Section 28. Violation of any provision of section twenty-two or twenty-three shall be punished for the first offence by a fine of not more than five dollars or by imprisonment for not more than two months for each can, tub or cabinet in respect to which the violation occurs and for any subsequent offence by a fine of not more than ten dollars or by imprisonment for not more than six months for each such can, tub or cabinet.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 110 - Labels, Trade Marks, Names and Registration Thereof › Section 29 - Penalty for Violation of Secs. 25a to 25c

Section 29. Whoever violates any of the provisions of sections twenty-five A to twenty-five C, inclusive, shall be punished for the first offence by a fine of not less than ten nor more than fifty dollars, and for each subsequent offence shall be punished by a fine of not less than twenty nor more than one hundred dollars, or by imprisonment in jail for not less than thirty days nor more than three months, or both.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 110a - Uniform Securities Act › Section 101 - Sales and Purchases

Section 101. It is unlawful for any person, in connection with the offer, sale, or purchase of any security, directly or indirectly
(1) to employ any device, scheme, or artifice to defraud,
(2) to make any untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading, or
(3) to engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 110a - Uniform Securities Act › Section 102 - Advisory Activities

Section 102. It is unlawful for any person who receives, directly or indirectly, any consideration from another person primarily for advising the other person as to the value of securities or their purchase or sale, whether through the issuance of analyses or reports or otherwise
(1) to employ any device, scheme, or artifice to defraud the other person, or
(2) to engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon the other person.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 110a - Uniform Securities Act › Section 201 - Registration Requirement

Section 201. (a) It is unlawful for any person to transact business in this commonwealth as a broker-dealer or agent unless he is registered under this chapter.
(b) It is unlawful for any broker-dealer or issuer to employ an agent unless the agent is registered. The registration of an agent is not effective during any period when he is not associated with a particular broker-dealer registered under this chapter or a particular issuer. When an agent begins or terminates a connection with a broker-dealer or issuer, or begins or terminates those activities which make him an agent, the agent as well as the broker-dealer or issuer shall promptly notify the secretary.
(c) It is unlawful for any person to transact business in this commonwealth as an investment adviser or as an investment adviser representative unless he is so registered under this chapter.
(d) It is unlawful for:
(i) any investment adviser required to be registered to employ an investment adviser representative unless the investment adviser representative is registered under this chapter, but the registration of an investment adviser representative shall not be effective during any period when he is not employed by an investment adviser registered under this chapter; or
(ii) any investment adviser representative, as defined in Rule 203A–3(a) under the Investment Adviser Act of 1940, with a place of business, as defined in Rule 203A–3(b) under the Investment Adviser Act of 1940, in the commonwealth, who is employed by a federal covered adviser to conduct business in the commonwealth, unless registered under this chapter.
When an investment adviser representative begins or terminates employment with an investment adviser, the investment adviser in the case of clause (i) of subsection (d), or the investment adviser representative in the case of clause (ii) of said subsection (d), shall promptly notify the secretary.
(e) Every annual registration under this section shall expire on December 31.
(f) It is unlawful for any federal covered adviser to conduct advisory business in the commonwealth unless the adviser complies with the provisions of paragraph (b) of section 202.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 110a - Uniform Securities Act › Section 203 - Post&ndash;registration Provisions

Section 203. (a) Every registered broker-dealer and investment adviser shall make and keep accounts, correspondence, memoranda, papers, books, and other records as the secretary prescribes by rule or order, except as limited by section 15 of the Securities Exchange Act of 1934, in the case of a broker-dealer, and by section 222 of the Investment Advisers Act of 1940, in the case of an investment adviser. All records so required, with respect to an investment adviser, shall be preserved for such period as the secretary prescribes by rule or order.
(b) With respect to investment advisers, the secretary may require that certain information be furnished or disseminated as necessary or appropriate in the public interest or for the protection of investors and advisory clients. To the extent determined by the secretary in his discretion, information furnished to clients or prospective clients of an investment adviser that would be in compliance with the Investment Advisers Act of 1940 and the rules thereunder may be used in whole or partial satisfaction of this requirement. The secretary may by rule or order require that such material be filed.
(c) Every registered broker-dealer and investment adviser shall file such financial reports as the secretary may prescribe by rule or order, except as provided by section 15 of the Securities Exchange Act of 1934, in the case of a broker-dealer, and section 222 of the Investment Advisers Act of 1940, in the case of an investment adviser.
(d) If the information contained in any document filed with the secretary is or becomes inaccurate or incomplete in any material respect, the registrant or federal covered adviser shall file a correcting amendment promptly if the document is filed with respect to a registrant, or when the amendment is required to be filed with the Securities and Exchange Commission if the document is filed with respect to a federal covered adviser, unless notification of the correction has been given under subsection (b) of section 201.
(e) All the records referred to in subsection (a) are subject at any time or from time to time to such reasonable periodic, special, or other examinations by representatives of the secretary, within or without the commonwealth, as the secretary deems necessary or appropriate in the public interest or for the protection of investors. For the purpose of avoiding unnecessary duplication of examinations, the secretary, insofar as he deems it practicable in administering this subsection, may cooperate with the securities administrators of other states, the Securities and Exchange Commission, and any national securities exchange or national securities association registered under the Securities Exchange Act of 1934.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 110a - Uniform Securities Act › Section 203a - Document Disclosing Material Facts

Section 203A. (a) Each investment adviser registered under this chapter shall disseminate to each client or prospective client a document disclosing material facts. The document shall include information concerning:
(1) compensation arrangements between the client and the investment adviser;
(2) the nature of services offered;
(3) business practices; and
(4) methods for obtaining information on disciplinary history and registration of the investment adviser and persons associated with the investment adviser.
(b) Each investment adviser and each of its representatives registered under this chapter shall disclose to each client before a purchase or sale is effected on behalf of the client:
(1) the total amount of sales commissions or other fees that may reasonably be expected to be charged or deducted in connection with the purchase or sale;
(2) that the adviser will receive the amount or a portion of the amount, or, in the case of a transaction to be effected through a broker-dealer that is a person associated or under common control with the adviser, that the broker-dealer is affiliated with the adviser and will receive the amount or portion of the amount; and
(3) the existence of any compensation arrangement with an issuer or other third party with respect to the recommended transaction.
The disclosure shall be in writing if the purchase or sale was recommended in writing. The secretary may, by rule, permit a client to waive in writing, the right to a disclosure.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 110a - Uniform Securities Act › Section 301 - Registration Requirement

Section 301. It is unlawful for any person to offer or sell any security in the commonwealth unless:—
(1) the security is registered under this chapter;
(2) the security or transaction is exempted under section 402; or
(3) the security is a federal covered security.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 110a - Uniform Securities Act › Section 403 - Filing of Sales and Advertising Literature

Section 403. The secretary by rule or order may require the filing of any prospectus, pamphlet, circular, form letter, advertisement, or other sales literature or advertising communication addressed or intended for distribution to prospective investors, unless the security or transaction is exempted by section 402 or is a federal covered security. A rule or order relating to any security including a revenue obligation issued or guaranteed by the commonwealth or any political subdivision thereof or any agency or corporate or other instrumentality of one or more of the foregoing or any certificate of deposit for any of the foregoing may require the issuer thereof to file sales literature, but no such rule or order shall require sales literature to be prepared or require affirmative approval or filing of sales literature before it is used or require issuers located outside the commonwealth to file any literature; nor shall violation of any such rule or order be subject to the penalties provided by paragraph (a) of section 409.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 110a - Uniform Securities Act › Section 404 - Misleading Filings

Section 404. It is unlawful for any person to make or cause to be made, in any document filed with the secretary or in any proceeding under this chapter, any statement which is, at the time and in the light of the circumstances under which it is made, false or misleading in any material respect.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 110a - Uniform Securities Act › Section 405 - Unlawful Representations Concerning Registration or Exemption

Section 405. (a) Neither (1) the fact that an application for registration under Part II or a registration statement under Part III has been filed nor (2) the fact that a person or security is effectively registered constitutes a finding by the secretary that any document filed under this chapter is true, complete, and not misleading. Neither any such fact nor the fact that an exemption or exception is available for a security or a transaction means that the secretary has passed in any way upon the merits or qualifications of, or recommended or given approval to, any person, security, or transaction.
(b) It is unlawful to make, or cause to be made, to any prospective purchaser, customer, or client any representation inconsistent with subsection (a).
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 110a - Uniform Securities Act › Section 406 - Administration of Chapter

Section 406. (a) This chapter shall be administered by the secretary.
(b) It is unlawful for the secretary or any of his officers or employees to use for personal benefit any information which is filed with or obtained by the secretary and which is not made public. No provision of this chapter authorizes the secretary or any of his officers or employees to disclose any such information except among themselves or when necessary or appropriate in a proceeding or investigation under this chapter. No provision of this chapter either creates or derogates from any privilege which exists at common law or otherwise when documentary or other evidence is sought under a subpoena directed to the secretary or any of his officers or employees.
(c) Every person who takes an examination under paragraph (6) of subsection (b) of section 204 shall pay whatever fee the secretary by rule specifies.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 110a - Uniform Securities Act › Section 407 - Investigations and Subpoenas

Section 407. (a) The secretary in his discretion (1) may make such public or private investigations within or outside of the commonwealth as he deems necessary to determine whether any person has violated or is about to violate any provision of this chapter or any rule or order hereunder, or to aid in the enforcement of this chapter or in the prescribing of rules and forms hereunder, (2) may require or permit any person to file a statement in writing, under oath or otherwise as the secretary determines, as to all the facts and circumstances concerning the matter to be investigated, and (3) may publish information concerning any violation of this chapter or any rule or order hereunder.
(b) For the purpose of any investigation or proceeding under this chapter, the secretary or any officer designated by him 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 secretary deems relevant or material to the inquiry.
(c) In case of contumacy by, or refusal to obey a subpoena issued to, any person, the superior court for the county in which the person is found or is an inhabitant or transacts business, upon application by the secretary, may issue to the person an order requiring him to appear before the secretary, or the officer designated by him, there to produce documentary evidence if so ordered or to give evidence touching the matter under investigation or in question. Failure to obey the order of the court may be punished by the court as a contempt of court.
(d) No person is excused from attending and testifying or from producing any document or record before the secretary, or in obedience to the subpoena of the secretary or any officer designated by him, or in any proceeding instituted by the secretary, on the ground that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to a penalty of forfeiture; but no individual may be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he is compelled, after claiming his privilege against self-incrimination, to testify or produce evidence, documentary or otherwise, except that the individual testifying is not exempt from prosecution and punishment for perjury or contempt committed in testifying.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 110a - Uniform Securities Act › Section 407a - Violations; Cease and Desist Orders; Costs

Section 407A. (a) If the secretary determines, after notice and opportunity for hearing, that any person has engaged in or is about to engage in any act or practice constituting a violation of any provision of this chapter or any rule or order issued thereunder, he may order such person to cease and desist from such unlawful act or practice and may take such affirmative action, including the imposition of an administrative fine, the issuance of an order for an accounting, disgorgement or rescission or any other such relief as in his judgment may be necessary to carry out the purposes of this chapter. No administrative fine imposed pursuant to this chapter shall exceed $25,000 for each violation and any fine collected shall be deposited in the Worker and Small Investor Protection Fund, established by section 68 of chapter 10.
(b) If the secretary makes written findings of fact that the public interest will be irreparably harmed by delay in issuing an order under subsection (a), the secretary may issue a temporary cease and desist order. Upon the entry of a temporary cease and desist order, the secretary shall promptly notify in writing the person subject to the order that such order has been entered, the reasons therefor, and that within twenty days after the receipt of a written request from such person the matter shall be set down for hearing to determine whether or not the order shall become permanent and final. If no hearing is requested and none is ordered by the secretary, the order shall remain in effect until it is modified or vacated by the secretary. If a hearing is requested or ordered, the secretary, after giving notice of and opportunity for a hearing to the person subject to the order, shall by written findings of fact and conclusions of law, vacate, modify, or make permanent the order.
(c) No order under this section, except an order issued pursuant to subsection (b), may be entered without prior notice of and opportunity for hearing. The secretary may vacate or modify an order under this section upon his finding that the conditions which required such an order have changed and that it is in the public interest to so vacate or modify.
An order issued pursuant to the provisions of this section shall be subject to review as provided in section four hundred and eleven.
(d) A registrant, applicant for registration, issuer or other person upon whom the secretary has conducted an examination, audit, investigation or adjudicatory proceeding who has been found to have violated the provisions of this chapter shall pay for all the costs incurred in the conduct of such examination, audit, investigation or proceeding. Such costs shall include, but not be limited to, the salaries and other compensation paid to clerical, administrative, investigative and legal personnel of the secretary in the conduct of such examination, audit, investigation or adjudicatory proceeding.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 110a - Uniform Securities Act › Section 408 - Injunctions

Section 408. Whenever it appears to the secretary that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this chapter or any rule or order hereunder, he may in his discretion bring an action in the superior court for the county in which the person is found or is an inhabitant or transacts business to enjoin the acts or practices and to enforce compliance with this chapter or any rule or order hereunder. Upon a proper showing, the court may grant a preliminary or permanent injunction or a temporary restraining order and may order an accounting, disgorgement, rescission and such other relief as may be in the public interest, including but not limited to the appointment of a receiver or conservator for the defendant or the defendant's assets. The court may not require the secretary to post a bond.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 110a - Uniform Securities Act › Section 409 - Criminal Penalties

Section 409. (a) Any person who willfully violates any provision of this chapter except section 404, or who willfully violates any rule or order under this chapter, or who willfully violates section 404 knowing the statement made to be false or misleading in any material respect, shall upon conviction be fined not more than $100,000 or imprisoned not more than 10 years in the state prison, or both; but 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.
Fines collected under this subsection shall be immediately sent to the state treasurer for deposit in the Securities Fraud Prosecution Fund, established by section 69 of chapter 10.
(b) The secretary may refer such evidence as is available concerning violations of this chapter or of any rule or order hereunder to the attorney general, who may, with or without such a reference, institute the appropriate criminal proceedings under this chapter.
(c) Nothing in this chapter limits the power of the commonwealth to punish any person for any conduct which constitutes a crime by statute or at common law.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 110a - Uniform Securities Act › Section 411 - Judicial Review of Orders

Section 411. (a) Any person aggrieved by a final decision of the secretary in an adjudicatory proceeding may obtain judicial review pursuant to section fourteen of chapter thirty A.
(b) The commencement of proceedings under subsection (a) does not, unless specifically ordered by the court, operate as a stay of the secretary's order.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 110a - Uniform Securities Act › Section 412 - Rules, Forms, Orders, and Hearings

Section 412. (a) The secretary may from time to time make, amend, and rescind such rules, forms, and orders as are necessary to carry out the provisions of this chapter, including rules and forms governing registration statements, applications, and reports, and defining any terms, whether or not used in this chapter, insofar as the definitions are not inconsistent with the provisions of this chapter. For the purpose of rules and forms, the secretary may classify securities, persons, and matters within its jurisdiction, and prescribe different requirements for different classes.
(b) No rule, form, or order may be made, amended, or rescinded unless the secretary finds that the action is necessary or appropriate in the public interest or for the protection of investors and consistent with the purposes fairly intended by the policy and provisions of this chapter. In prescribing rules and forms the secretary may cooperate with the securities administrators of the other states and the Securities and Exchange Commission with a view to effectuating the policy of this statute to achieve maximum uniformity in the form and content of registration statements, applications, and reports wherever practicable.
(c) The secretary may by rule or order prescribe (1) the form and content of financial statements required under this chapter, (2) the circumstances under which consolidated financial statements shall be filed, and (3) whether any required financial statements shall be certified by independent or certified public accountants. All financial statements shall be prepared in accordance with generally accepted accounting practices.
(d) All rules and forms of the secretary shall be published pursuant to sections six and six A of chapter thirty A.
(e) No provision of this chapter imposing any liability applies to any act done or omitted in good faith in conformity with any rule, form, or order of the secretary, 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.
(f) Every hearing in an administrative proceeding shall be public unless the secretary in his discretion grants a request joined in by all the respondents that the hearing be conducted privately.
(g) Assessments collected by the secretary pursuant to administrative actions may be used to assist investors. The assistance may include, but is not limited to, restitution for victims of financial fraud or other violations of this chapter.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 110a - Uniform Securities Act › Section 413 - Administrative Files and Opinions

Section 413. (a) A document is filed when it is received by the secretary.
(b) The secretary shall keep a register of all notice filings made under subsection (b) of section 202 and section 306 and all applications for registration and registration statements which are or have ever been effective under this chapter and all denial, suspension, or revocation orders which have been entered under this chapter. The register shall be open for public inspection.
(c) The information contained in or filed with any registration statement, application, or report may be made available to the public under such rules as the secretary prescribes.
(d) Upon request and at such reasonable charges as he prescribes, the secretary shall furnish to any person photostatic or other copies, certified under the seal of the secretary if requested, of any entry in the register or any document which is a matter of public record. In any proceeding or prosecution under this chapter, any copy so certified is prima facie evidence of the contents of the entry or document certified.
(e) The secretary in his discretion may honor requests from interested persons for interpretative opinions.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 110a - Uniform Securities Act › Section 417 - Severability of Provisions

Section 417. If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 110c - Regulation of Take-Over Bids in the Acquisition of Corporations › Section 2 - Disclosure of Terms of Take-Over Bid; Filing; Hearing

Section 2. No offeror shall make a take-over bid unless he announces publicly the terms of the proposed take-over bid, files with the secretary and the target company, on the date of the commencement of the take-over bid, copies of all information required by section four, and pays the secretary a filing fee of one thousand dollars to defray the costs of any investigation the secretary may make in connection therewith.
Within five days following such filing, or after a request made by the target company or an offeree within said five days, the secretary may order a hearing within ten days following such filing if he determines it necessary or appropriate for the protection of offerees in the commonwealth. If no such hearing is ordered within said ten days or a hearing is so ordered within such time and after hearing the secretary adjudicates that the take-over bid is not in violation of this chapter and that effective provision is made for fair and full disclosure to offerees of all information material to a decision to accept or reject the offer, the take-over bid shall be deemed to be in compliance with this chapter. If the secretary finds that the take-over bid would comply with provisions of this chapter if amended in certain respects, the take-over bid shall be deemed to be in compliance with this chapter only if so amended.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 110c - Regulation of Take-Over Bids in the Acquisition of Corporations › Section 3 - Acquisition of Target Company Stock by Offeror Prior to Take-Over Bid; Disclosure Requirements

Section 3. No offeror shall make a take-over bid if he and his associates and affiliates are directly or indirectly the beneficial owners of five per cent or more of the issued and outstanding equity securities of any class of the target company, any of which were purchased within one year before the proposed take-over bid, and the offeror, before making any such purchase, or before the thirtieth day following the effective date of this section, whichever is later, failed to publicly announce his intention to gain control of the target company, or otherwise failed to make fair, full, and effective disclosure of such intention to the persons from whom he acquired such securities.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 110c - Regulation of Take-Over Bids in the Acquisition of Corporations › Section 5 - Time for Filing or Delivering Copies of Solicitation Materials

Section 5. Copies of all advertisements, circulars, letters or other solicitation materials published by the offeror or the target company on or after the date that the take-over bid may be made in accordance with section two shall be filed with the secretary and delivered by the target company, or the offeror, as the case may be, to the other of them on the date that the same are first published or used or sent to offerees.