reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 56 - Securities › Subchapter II - Broker-Dealers, Agents, Investment Advisers and Investment Adviser Representatives › § 31–5602.09. Withdrawal

§ 31–5602.09. Withdrawal.
(a) Withdrawal from licensing as a broker-dealer, agent, investment adviser, or investment adviser representative shall be effective 30 days after the receipt by the Commissioner of an application to withdraw or within any shorter period the Commissioner, by order, determines, unless:
(1) A revocation or suspension proceeding is pending when the withdrawal application is filed; or
(2) A proceeding to revoke or suspend or to impose conditions upon the withdrawal is instituted within 30 days after the withdrawal application is filed.
(b) If a proceeding is pending or instituted, the withdrawal shall be effective at the time and upon the conditions that the Commissioner, by order, determines. If no proceeding is pending or instituted and the withdrawal becomes effective, the Commissioner may institute a proceeding under § 31-5602.07 within one year after the withdrawal became effective and enter an order as of the last date on which the license was effective.
(Oct. 26, 2000, D.C. Law 13-203, § 209, 47 DCR 7837.)
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 56 - Securities › Subchapter II - Broker-Dealers, Agents, Investment Advisers and Investment Adviser Representatives › § 31–5602.11. Continuing education

§ 31–5602.11. Continuing education.
The Commissioner may, by rule or order, establish continuing education requirements for investment adviser representatives.
(Oct. 26, 2000, D.C. Law 13-203, § 211; as added June 25, 2002, D.C. Law 14-150, § 2(d), 49 DCR 4238.)
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 56 - Securities › Subchapter III - Registration of Securities › § 31–5603.01. Registration requirement

§ 31–5603.01. Registration requirement.
No person shall offer or sell a security in the District unless the security is registered under this chapter, the security or transaction is exempt under § 31-5604.01 or § 31-5604.02, or the security is a federal covered security.
(Oct. 26, 2000, D.C. Law 13-203, § 301, 47 DCR 7837.)
Section References
This section is referenced in § 31-5603.08, § 31-5604.01, § 31-5604.02, § 31-5604.03, § 31-5604.04, § 31-5605.01, § 31-5606.05, and § 31-5608.01.
Editor's Notes
Section 806 of D.C. Law 13-203 provided: “Titles III and IV shall apply as of June 1, 2001.”
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 56 - Securities › Subchapter III - Registration of Securities › § 31–5603.09. Withdrawal and abandonment

§ 31–5603.09. Withdrawal and abandonment.
(a) A registration statement may be withdrawn, at the discretion of the Commissioner, after receipt by the Commissioner of an application to withdraw, unless a revocation or suspension proceeding is pending when the withdrawal application is filed.
(b) If a proceeding is pending or instituted, withdrawal shall be effective at the time and upon the conditions that the Commissioner, by order, determines. If no proceeding is pending or instituted and withdrawal becomes effective, the Commissioner may institute a proceeding under § 31-5603.06 and enter an order as of the last date on which the registration was effective.
(c) A registration statement that has not been made effective within one year of the initial filing may be deemed abandoned by the Commissioner.
(Oct. 26, 2000, D.C. Law 13-203, § 309, 47 DCR 7837.)
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 56 - Securities › Subchapter IV - Exemption from Registration › § 31–5604.03. Additional exemptions

§ 31–5604.03. Additional exemptions.
The Commissioner may, by rule or order, exempt any other security or transaction or class of securities or transactions from § 31-5603.01, § 31-5603.07, or § 31-5604.05. The Commissioner may, by rule or order, adopt a limited offering transactional exemption that will further the objectives of compatibility with the exemptions from securities registration under the Securities Act of 1933 and uniformity among the states.
(Oct. 26, 2000, D.C. Law 13-203, § 403, 47 DCR 7837.)
Section References
This section is referenced in § 31-5604.06.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 56 - Securities › Subchapter IV - Exemption from Registration › § 31–5604.04. Revocation of exemptions

§ 31–5604.04. Revocation of exemptions.
(a) The Commissioner may, by order, deny or revoke an exemption specified in § 31-5604.01(7), (8), (10) or (12) or in § 31-5604.02 for any security or transaction.
(b) An order issued under this section shall not be retroactive. A person shall not violate § 31-5603.01, § 31-5603.07, or § 31-5604.05 by reason of an offer to sell or sale effected after the entry of an order under this section if the person did not know and, in the exercise of reasonable care could not have known, of the order.
(Oct. 26, 2000, D.C. Law 13-203, § 404, 47 DCR 7837.)
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 56 - Securities › Subchapter IV - Exemption from Registration › § 31–5604.05. Filing of sales and advertising literature

§ 31–5604.05. Filing of sales and advertising literature.
The Commissioner may, by rule or order, require the filing of a prospectus, pamphlet, circular, form letter, advertisement, or other sales literature or advertising communication, whether communicated in printed form, by electronic means, or otherwise, addressed or intended for distribution to prospective investors, including clients or prospective clients of an investment adviser, unless the security or transaction is exempt under § 31-5604.01 or § 31-5604.02, the security is a federal covered security, the transaction concerns a federal covered security or a federal covered adviser, or the transaction concerns a broker-dealer registered under the Securities Exchange Act of 1934.
(Oct. 26, 2000, D.C. Law 13-203, § 405, 47 DCR 7837.)
Section References
This section is referenced in § 31-5604.01, § 31-5604.02, § 31-5604.03, § 31-5604.04, and § 31-5606.05.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 56 - Securities › Subchapter IV - Exemption from Registration › § 31–5604.06. Coordination of exemptions

§ 31–5604.06. Coordination of exemptions.
(a) In furtherance of the policy stated in § 31-5601.02(b), the exemptions under §§ 31-5604.01, 31-5604.02, and 31-5604.03 shall be coordinated with exemptions for securities and transactions under the Securities Act of 1933 so that an offering registered under the Securities Act of 1933 shall be subject to registration by filing under this chapter in the absence of an exemption under this chapter, and an offering exempt from registration under the Securities Act of 1933, other than under the exemption for intrastate offerings, shall be exempt from registration under this chapter.
(b) The Commissioner may make, amend, and rescind rules and regulations for exemptions under §§ 31-5604.01 and 31-5604.02, or added by the Commissioner under § 31-5604.03, but not contained in the Securities Act of 1933 or any of the rules and regulations promulgated thereunder.
(Oct. 26, 2000, D.C. Law 13-203, § 406, 47 DCR 7837.)
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 56 - Securities › Subchapter V - Fraudulent and Other Prohibited Practices › § 31–5605.01. Unlicensed or unregistered activity

§ 31–5605.01. Unlicensed or unregistered activity.
A person shall not:
(1) Offer or sell a security except in accordance with this chapter;
(2) Deliver to a purchaser a security required to be registered under § 31-5603.01 unless accompanied or preceded by a registration statement that meets the requirements of § 31-5603.02(b), § 31-5603.03(b), or § 31-5603.04(b);
(3) Act as a broker-dealer, agent, investment adviser, or investment adviser representative unless licensed as required under § 31-5602.01 or § 31-5602.02; or
(4) Fail to file with the Commissioner an application, report, or document required to be filed under this chapter, or any rule or regulation adopted by the Commissioner under this chapter, or to fail to comply with the terms of an order issued by the Commissioner issued under this chapter.
(Oct. 26, 2000, D.C. Law 13-203, § 501, 47 DCR 7837.)
Section References
This section is referenced in § 31-5606.04 and § 31-5608.01.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 56 - Securities › Subchapter V - Fraudulent and Other Prohibited Practices › § 31–5605.03. Manipulation of market

§ 31–5605.03. Manipulation of market.
(a) A person shall not, directly or indirectly, in the District:
(1) Quote a fictitious price for a security;
(2) Effect a transaction in a security which involves no change in the beneficial ownership of the security for the purpose of creating a false or misleading appearance of active trading in a security or for the market for the security;
(3) Enter an order for the purchase of a security with the knowledge that an order of substantially the same size and at substantially the same time and price for the sale of the security has been, or will be, entered by or for the same, or an affiliated, person for the purpose of creating a false or misleading appearance of active trading in a security or with respect to the market for the security;
(4) Enter an order for the sale of a security with knowledge that an order of substantially the same size and at substantially the same time and price for the purchase of the security has been or will be entered by or for the same or different parties for the purpose of creating a false or misleading appearance of active trading in a security or with respect to the market for the security; or
(5) Employ any other deceptive or fraudulent device, scheme, or artifice to manipulate the market in a security.
(b) A transaction effected in compliance with, or conduct that does not violate, the applicable provisions of the Securities Exchange Act of 1934, and the rules and regulations promulgated thereunder, shall not constitute a violation of subsection (a) of this section.
(Oct. 26, 2000, D.C. Law 13-203, § 503, 47 DCR 7837.)
Section References
This section is referenced in § 31-5606.04.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 56 - Securities › Subchapter V - Fraudulent and Other Prohibited Practices › § 31–5605.04. Misleading filings

§ 31–5605.04. Misleading filings.
A person shall not make, or cause to be made, in a document filed with the Commissioner or in any proceeding under this chapter, a 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.
(Oct. 26, 2000, D.C. Law 13-203, § 504, 47 DCR 7837.)
Section References
This section is referenced in § 31-5606.04.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 56 - Securities › Subchapter V - Fraudulent and Other Prohibited Practices › § 31–5605.05. Unlawful representations concerning licensing, registration, notice filing, or exemption

§ 31–5605.05. Unlawful representations concerning licensing, registration, notice filing, or exemption.
(a) The filing of an application for a registration or notice filing under subchapter II, the filing of a registration statement or notice filing under subchapter III, or registration of a person or security shall not constitute a finding by the Commissioner that any document filed under this chapter is true, complete, and not misleading. Such filings, licensure, or registration, or that an exemption or exception is available for a security or a transaction, shall not mean the Commissioner has passed upon the merits or qualifications of, or recommended or given approval to, a person, security, or transaction.
(b) A person shall not make, or cause to be made, to a prospective purchaser, customer, or client a representation inconsistent with subsection (a) of this section.
(Oct. 26, 2000, D.C. Law 13-203, § 505, 47 DCR 7837.)
Section References
This section is referenced in § 31-5606.04, § 31-5606.05, and § 31-5608.01.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 56 - Securities › Subchapter VI - Enforcement, Criminal, and Civil Liability › § 31–5606.01. Investigation; subpoena power

§ 31–5606.01. Investigation; subpoena power.
(a) The Commissioner may:
(1) Make public or private investigations inside or outside of the District as he considers necessary to determine whether a person has violated, or is about to violate, any provision of this chapter, or any rule or order hereunder, to aid in the enforcement of this chapter, or to aid in the prescribing of rules and forms to implement this chapter. The Commissioner may require the person to pay the reasonable costs and expenses of the investigation;
(2) Require or permit the person to file a statement in writing, under oath or otherwise as the Commissioner determines, as to all the facts and circumstances concerning the matter to be investigated; and
(3) Publish information concerning a violation of this chapter or any rule or order adopted under this chapter.
(b) For purposes of an investigation or proceeding under this chapter, the Commissioner may administer oaths and affirmations, subpoena witnesses and compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, agreements, or other documents or records which the Commissioner deems relevant or material to the inquiry.
(c) In case of contumacy by, or refusal to obey a subpoena issued to, a person, the Superior Court of the District of Columbia, upon application by the Commissioner, may issue to the person an order requiring the person to appear before the Commissioner to produce documentary evidence, or to give evidence touching the matter under investigation or in question. Failure to obey the order of the court may be punished as a contempt of court.
(d) No person shall be excused from attending and testifying or from producing a document or record before the Commissioner, in obedience to the subpoena of the Commissioner, or in any proceeding instituted by the Commissioner, on the ground that the testimony or evidence, documentary or otherwise, required of the person may tend to incriminate the person or subject the person to a penalty or forfeiture; provided, that no individual may be prosecuted or subjected to a penalty or forfeiture for or on account of a specific subject concerning which the individual is compelled, after claiming his privilege against self-incrimination as to the specific subject, to testify or produce evidence, documentary or otherwise; provided further, that the individual testifying shall not be exempt from prosecution and punishment for perjury or contempt committed in testifying.
(e) The Commissioner may issue and apply to enforce subpoenas in the District at the request of a securities agency or administrator of another state if the activities constituting an alleged violation for which the information is sought would violate this chapter if the activities had occurred in the District.
(Oct. 26, 2000, D.C. Law 13-203, § 601, 47 DCR 7837.)
Section References
This section is referenced in § 31-5607.03.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 56 - Securities › Subchapter VI - Enforcement, Criminal, and Civil Liability › § 31–5606.02. Enforcement — Administrative

§ 31–5606.02. Enforcement — Administrative.
(a) Whenever the Commissioner determines that a person has engaged, or is about to engage, in an act or practice constituting a violation of any provision of this chapter or any rule or order hereunder, and that immediate action against such person is in the public interest, the Commissioner may issue, without a hearing, a summary order directing the person to cease and desist from engaging in such activity; provided, that the summary cease and desist order shall give the person:
(1) Notice of the opportunity for a hearing before the Commissioner to determine whether the summary cease and desist order should be vacated, modified, or entered as final; and
(2) Notice that the summary cease and desist order will be entered as final if the person does not request a hearing within 15 days of the receipt of the summary cease and desist order.
(b) Whenever the Commissioner determines after notice and a hearing, unless the right to a hearing is waived, that a person has engaged in an act or practice constituting a violation of this chapter or any rule or order adopted under this chapter, the Commissioner may, in addition to taking any other action authorized under this chapter:
(1) Issue a cease and desist order against the person;
(2) Censure the person if the person is licensed under this chapter;
(3) Bar the person from engaging in the securities business or investment advisory business in the District;
(4) Issue an order against the person imposing a civil penalty up to $10,000 for any single violation of this chapter; or
(5) Issue an order requiring the person to pay restitution and reasonable costs of the hearing.
(Oct. 26, 2000, D.C. Law 13-203, § 602, 47 DCR 7837; June 25, 2002, D.C. Law 14-150, § 2(k), 49 DCR 4238.)
Section References
This section is referenced in § 31-5607.08.
Effect of Amendments
D.C. Law 14-150, in subsec. (b), deleted “, or his or her designee,” following “Whenever the Commissioner”.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 56 - Securities › Subchapter VI - Enforcement, Criminal, and Civil Liability › § 31–5606.03. Enforcement — Judicial

§ 31–5606.03. Enforcement — Judicial.
(a) Whenever it appears to the Commissioner that a person is about to engage in any act or practice constituting a violation of any provision of this chapter or any rule or order adopted under this chapter, the Commissioner may request the Corporation Counsel to bring an action in the Superior Court of the District of Columbia to obtain one or more of the following remedies:
(1) Temporary restraining order; or
(2) Temporary or permanent injunction.
(b) Whenever it appears to the Commissioner that a person has engaged in any act or practice constituting a violation of any provision of this chapter or any rule or order hereunder, the Commissioner may request the Corporation Counsel to bring an action in the Superior Court of the District of Columbia to obtain one or more of the following remedies:
(1) Temporary restraining order;
(2) Temporary or permanent injunction;
(3) A civil penalty not to exceed $10,000 for a single violation;
(4) A declaratory judgment;
(5) Appointment of a receiver or conservator for the defendant or the defendant’s assets;
(6) A freeze of the defendant’s assets; or
(7) Any other relief as the court deems just, such as rescission, restitution, or disgorgement.
(c) The court shall not require the Commissioner to post a bond in any action under this section.
(Oct. 26, 2000, D.C. Law 13-203, § 603, 47 DCR 7837.)
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 56 - Securities › Subchapter VI - Enforcement, Criminal, and Civil Liability › § 31–5606.04. Criminal penalties

§ 31–5606.04. Criminal penalties.
(a) Any person who violates § 31-5605.01 shall be guilty of a misdemeanor and, upon conviction thereof, shall pay a fine of not more than $1,000, be imprisoned for not more than one year, or both. All prosecutions under this subsection shall be upon information filed in the Superior Court of the District of Columbia in the name of the District by the Corporation Counsel or any of his or her assistants.
(b) Any person who knowingly or intentionally violates any of the provisions of § 31-5605.02, § 31-5605.03, § 31-5605.04, or § 31-5605.05(b), shall be guilty of fraud in the second degree, as defined in § 22-3221(b).
(c) Any person who knowingly or intentionally violates any of the provisions of § 31-5605.02, § 31-5605.03, § 31-5605.04, or § 31-5605.05(b), by use of a plan, program, or campaign that is conducted using one or more telephones or other electronic means of communication for the purpose of inducing the purchase or sale of securities, shall be guilty of fraud in the first degree, as defined in § 22-3221(a).
(d) No prosecution for a violation of this chapter shall bar, or be barred by, a prosecution for the violation of any other law. All prosecutions under this chapter, or based upon any provision of this chapter, shall be commenced within 3 years after the violation upon which the prosecution is based. If the accused person has intentionally concealed evidence of a violation of § 31-5605.02, § 31-5605.03, § 31-5605.04, or § 31-5605.05(b), the period of limitation prescribed in this subsection shall be extended up to an additional 2 years after the prosecuting officer becomes aware of the offense.
(e) Nothing in this chapter shall limit the power of the District to punish a person for conduct constituting a crime under other law.
(Oct. 26, 2000, D.C. Law 13-203, § 604, 47 DCR 7837.)
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 56 - Securities › Subchapter VII - Administration › § 31–5607.01. Administration of chapter

§ 31–5607.01. Administration of chapter.
This chapter shall be administered by the Commissioner.
(Oct. 26, 2000, D.C. Law 13-203, § 701, 47 DCR 7837.)
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 56 - Securities › Subchapter VII - Administration › § 31–5607.02. Prohibitions on use of information

§ 31–5607.02. Prohibitions on use of information.
The Commissioner or an employee of the Commissioner shall not use for personal gain or benefit information filed with or obtained by the Commissioner which is not public information. The Commissioner or an employee of the Commissioner shall not conduct securities dealings based upon information filed with or obtained by the Commissioner, even though public, if there has not been sufficient time for the securities markets to assimilate the information.
(Oct. 26, 2000, D.C. Law 13-203, § 702, 47 DCR 7837.)
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 56 - Securities › Subchapter VII - Administration › § 31–5607.03. Public information; confidentiality

§ 31–5607.03. Public information; confidentiality.
(a) Except as provided in subsection (b) of this section, information and documents filed with, or obtained by, the Commissioner shall be available for public examination under subchapter II of Chapter 5 of Title 2.
(b) The following information and documents shall not constitute public information under subsection (a) of this section:
(1) Information or documents obtained by the Commissioner in connection with an investigation under § 31-5606.01; and
(2) Information or documents filed with the Commissioner in connection with a registration statement under subchapter III of this chapter or a report under § 31-5602.04 constituting trade secrets or commercial or financial information of a person for which a person is entitled to a claim of confidentiality or privilege.
(Oct. 26, 2000, D.C. Law 13-203, § 703, 47 DCR 7837.)
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 56 - Securities › Subchapter VII - Administration › § 31–5607.04. Cooperation with other agencies

§ 31–5607.04. Cooperation with other agencies.
(a) To encourage uniform interpretation and administration of this chapter and effective securities regulation and enforcement, the Commissioner may cooperate with the securities agencies or administrators of one or more states, Canadian provinces or territories, or another country, the Securities and Exchange Commission, the Commodity Futures Trading Commission, the Securities Investor Protection Corporation, any self-regulatory organization, any national or international organization of securities officials or agencies, and any governmental law enforcement or regulatory agency.
(b) The cooperation authorized by subsection (a) shall include the following actions:
(1) Establishing a central depository for registration under this chapter and for documents or records required or allowed to be maintained under this chapter;
(2) Making a joint registration examination or investigation;
(3) Holding a joint administrative hearing;
(4) Filing and prosecuting a joint civil or administrative proceeding;
(5) Sharing and exchanging personnel;
(6) Sharing and exchanging information and documents; and
(7) Formulating rules or proposed rules, statements of policy, guidelines, and interpretative opinions and releases.
(Oct. 26, 2000, D.C. Law 13-203, § 704, 47 DCR 7837.)
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 56 - Securities › Subchapter VII - Administration › § 31–5607.05. Rules, forms, and orders

§ 31–5607.05. Rules, forms, and orders.
(a) In addition to specific authority otherwise granted by this chapter, the Commissioner:
(1) Shall adopt, as a rule, a description of the general course and method of where and how a person may obtain information or make a submission or request;
(2) Shall adopt rules of practice setting forth the nature and requirements of all formal and informal procedures available to a person, including all forms that are to be used by a person dealing with the Commissioner;
(b) To keep rules adopted by the Commissioner in harmony with the regulations adopted by the Securities and Exchange Commission under the federal securities laws and to encourage uniformity with the rules of securities agencies and administrators in other states, the Commissioner, so far as is consistent with this chapter, shall take into consideration the regulations adopted by the Securities and Exchange Commission and the rules of securities agencies and administrators in other states which have enacted a law comparable to this chapter.
(c) Unless specifically provided in this chapter to the contrary, a rule or order may not be adopted, amended, or repealed unless the Commissioner determines that the action is in the public interest and appropriate for the protection of investors and is consistent with the purposes fairly intended by the policy and provisions of this chapter.
(d) The Commissioner may, by rule or order, prescribe the form and content of financial statements required under this chapter, the circumstances under which consolidated financial statements must be filed, and whether a required financial statement must be certified and by whom. Unless the Commissioner provides, by rule or order, otherwise, and subject to the limitations of section 15 of the Securities Exchange Act of 1934 [15 U.S.C. § 78o] and section 222 of the Investment Advisers Act of 1940 [15 U.S.C. § 80b-18a], a financial statement required under this chapter must be prepared in accordance with generally accepted accounting principles or other accounting principles as are prescribed for the issuer of the financial statement by the Securities and Exchange Commission.
(Oct. 26, 2000, D.C. Law 13-203, § 705, 47 DCR 7837.)
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 56 - Securities › Subchapter VII - Administration › § 31–5607.07. Administrative files and records

§ 31–5607.07. Administrative files and records.
(a) The Commissioner shall keep one or more registers of all applications for licensing and registration under this chapter, all notice filings, licenses and registration statements that become effective under this chapter, all disciplinary and enforcement orders issued and reports of investigation made under this chapter, all declaratory orders and rulings issued under this chapter, and all other orders issued under this chapter.
(b) The Commissioner shall retain:
(1) All licenses and related applications and all registration statements and notice filings currently effective or that have been effective within the last 5 years;
(2) All licenses and related applications and all registration statements that have been denied, suspended, or revoked within the last 5 years and the order of suspension, denial, or revocation;
(3) All investigatory files under this chapter that are open or that have been closed within the last 5 years and any disciplinary or closure orders pertaining to the files;
(4) The transcript or record of all administrative hearings held during the last 5 years; and
(5) All other orders of the Commissioner entered under this chapter.
(c) All records required to be maintained pursuant to subsections (a) and (b) of this section may be maintained in any form of data storage. Upon request, the Commissioner shall certify under the seal of the Department a copy as being a true and correct copy of the records maintained by the Department. The Commissioner may, by rule, establish reasonable charges for furnishing or certifying copies. In an investigation or proceeding, a copy so certified shall be prima facie evidence of the contents of the records certified.
(Oct. 26, 2000, D.C. Law 13-203, § 707, 47 DCR 7837.)
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 56 - Securities › Subchapter VII - Administration › § 31–5607.08. Provisions applicable to administrative proceedings

§ 31–5607.08. Provisions applicable to administrative proceedings.
(a) All actions of the Commissioner, including administrative proceedings, adoption of rules, and issuance of orders shall be governed by subchapter I of Chapter 5 of Title 2; provided, that:
(1) The issuance of a stop order under § 31-5603.03(e) shall be governed by § 31-5603.03(e); and
(2) The issuance of a summary order under § 31-5606.02(a) shall be governed by § 31-5606.02(a).
(Oct. 26, 2000, D.C. Law 13-203, § 708, 47 DCR 7837.)
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 56 - Securities › Subchapter VII - Administration › § 31–5607.09. Electronic filings

§ 31–5607.09. Electronic filings.
(a) The Commissioner may, by rule or order, prescribe acceptable methods for filing applications, forms, notices, prospectuses, registration statements, or other documents with the Department in electronic form.
(b) The Commissioner may, by rule or order, prescribe acceptable methods for executing electronic signatures or otherwise for documents filed with the Department in electronic form.
(c) An electronic signature used in connection with an electronic filing shall have the same legal effect as a manual signature.
(Oct. 26, 2000, D.C. Law 13-203, § 709; as added June 25, 2002, D.C. Law 14-150, § 2(l), 49 DCR 4238.)
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 56 - Securities › Subchapter VIII - Miscellaneous Provisions › § 31–5608.01. Scope of Chapter

§ 31–5608.01. Scope of Chapter.
(a) Sections 31-5602.01, 31-5603.01, 31-5605.01, or 31-5605.02, 31-5605.05, and 31-5606.05 shall apply to a person who sells, or offers to sell, when an offer to sell is made in the District or an offer to purchase is made and accepted in the District.
(b) Sections 31-5602.01, 31-5605.01, or 31-5605.02, and 31-5605.05 shall apply to a person who purchases, or offers to purchase, when an offer to purchase, is made in the District or an offer to sell is made and accepted in the District.
(c) For the purpose of this section, an offer to sell or to purchase is made in the District, whether or not either person is present in the District, if the offer originates in the District, or is directed by the offeror to a destination in the District and received where it is directed or at a post office in the District if the offer is mailed.
(d) For the purpose of this section, an offer to purchase or to sell is accepted in the District if the acceptance is communicated to the offeror in the District and has not previously been communicated to the offeror, orally or in writing, outside the District. The acceptance is communicated to the offeror in the District, whether or not either party is then present in the District, when the offeree directs it to the offeror in the District reasonably believing the offeror to be in the District and it is received at the place to which it is directed or at any post office in the District in the case of a mailed acceptance.
(e) An offer to sell or purchase is not made in the District when the publisher circulates, or there is circulated on the publisher’s behalf, in the District a bona fide newspaper or other publication of general, regular, and paid circulation which is not published in the District, or which is published in the District, but has had more than 2/3 of its circulation outside the District during the last 12 months, or a radio or television program originating outside the District is received in the District.
(Oct. 26, 2000, D.C. Law 13-203, § 801, 47 DCR 7837.)
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 56 - Securities › Subchapter VIII - Miscellaneous Provisions › § 31–5608.02. District of Columbia Securities Advisory Committee. [Repealed]

§ 31–5608.02. District of Columbia Securities Advisory Committee. [Repealed]
Repealed.
(Oct. 26, 2000, D.C. Law 13-203, § 802, 47 DCR 7837; May 2, 2015, D.C. Law 20-271, § 261, 62 DCR 1884.)
Emergency Legislation
For temporary (90 days) repeal of this section, see § 261 of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Emergency Amendment Act of 2014 (D.C. Act 20-481, Nov. 18, 2014, 61 DCR 12133, 20 STAT 4405).
For temporary (90 days) repeal of this section, see § 261 of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Congressional Review Emergency Amendment Act of 2015 (D.C. Act 21-7, Feb. 26, 2015, 62 DCR 2646, 21 STAT 807).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 56 - Securities › Subchapter VIII - Miscellaneous Provisions › § 31–5608.03. Judicial review

§ 31–5608.03. Judicial review.
(a) If a hearing is conducted under the contested case procedure in accordance with § 2-509, a person suffering a legal wrong, or adversely affected or aggrieved, by an order or decision may appeal to the District of Columbia Court of Appeals in accordance with § 2-510.
(b) The filing of an appeal under this section shall not stay the application of a rule, regulation, order, or other action of the Commissioner to the appealing party unless the court, after giving the appealing party notice and an opportunity to be heard, determines that failure to grant a stay would be detrimental to the interest of policyholders, shareholders, creditors, or the public.
(Oct. 26, 2000, D.C. Law 13-203, § 803, 47 DCR 7837; June 19, 2001, D.C. Law 13-313, § 22, 48 DCR 1873; June 25, 2002, D.C. Law 14-150, § 2(m), 49 DCR 4238.)
Effect of Amendments
D.C. Law 13-313 rewrote subsec. (a) which had read:
“(a) A person aggrieved by an act, determination, rule, regulation, order, or any other action of the Mayor, may appeal to the District of Columbia Court of Appeals in accordance with § 2-510.”
D.C. Law 14-150 substituted “Commissioner” for “Mayor” throughout the section.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 56 - Securities › Subchapter VIII - Miscellaneous Provisions › § 31–5608.04. Repeal and transition provisions

§ 31–5608.04. Repeal and transition provisions.
(a) Chapters 36 and 37 of Title 3 (“prior law”), are repealed, subject to the transition provisions of subsections (b) through (e) of this section.
(b) Prior law shall govern all suits, actions, prosecutions, or proceedings which are pending or may be initiated on the basis of facts or circumstances occurring before October 26, 2000.
(c) A civil suit or action shall not be maintained to enforce a liability under prior law unless brought within the period of limitation which applied when the cause of action accrued and, in any event, no later than 2 years after October 26, 2000.
(d) All effective registrations and notice filings under prior law, all administrative orders relating to such registrations and notice filings, and all conditions imposed upon such registrations shall apply to the extent they would have applied under prior law.
(e) All no-action and opinion letters, administrative orders, and waivers issued under prior law or regulation shall apply to the extent they would have applied under prior law.
(Oct. 26, 2000, D.C. Law 13-203, § 804, 47 DCR 7837.)
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 57 - Fraternal Benefit Associations. [Repealed] › § 31–5701. Definition; authorized benefits and funds; governing provisions [Repealed]

§ 31–5701. Definition; authorized benefits and funds; governing provisions [Repealed]
Repealed.
(Mar. 3, 1901, 31 Stat. 1310, ch. 854, § 749; Dec. 20, 1928, 45 Stat. 1055, ch. 40, § 1; Mar. 13, 1993, D.C. Law 9-181, § 2, 39 DCR 8081; Mar. 16, 1993, D.C. Law 9-193, § 2, 39 DCR 9009; Apr. 29, 1998, D.C. Law 12-86, § 1237(a), 45 DCR 1172.)
Prior Codifications
1981 Ed., § 35-1201.
1973 Ed., § 35-901.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 57 - Fraternal Benefit Associations. [Repealed] › § 31–5702. Authority of existing associations to continue business. [Repealed]

§ 31–5702. Authority of existing associations to continue business. [Repealed]
Repealed.
(Mar. 3, 1901, 31 Stat. 1310, ch. 854, § 750; May 21, 1997, D.C. Law 11-268, § 10(n), 44 DCR 1730; Apr. 29, 1998, D.C. Law 12-86, § 1237(a), 45 DCR 1172.)
Prior Codifications
1981 Ed., § 35-1202.
1973 Ed., § 35-902.
Editor's Notes
Department of Insurance abolished: The Department of Insurance, including the Superintendent, was abolished and the functions thereof transferred to the Board of Commissioners of the District of Columbia by Reorganization Plan No. 5 of 1952. Reorganization Order No. 43, dated June 23, 1953, as amended, established, under the direction and control of a Commissioner, a Department of Insurance headed by a Superintendent. The Order provided for the organization of the Department, abolished the previously existing Department of Insurance, and provided that all functions and positions of the previous Department would be transferred to the new Department of Insurance, including the duties, powers, and authorities of all officers and employees; and that all personnel, property, records and unexpended balances relating to the functions and positions transferred would also be transferred to the new Department. The executive functions of the Board of Commissioners were transferred to the Commissioner of the District of Columbia by § 401 of Reorganization Plan No. 3 of 1967. The functions of the Superintendent of Insurance were transferred to the Department of Consumer and Regulatory Affairs by Reorganization Plan No. 1 of 1983, effective March 31, 1983. Pursuant to the provisions of D.C. Law 11-268, the Department of Insurance and Securities Regulation was established and the duties of the Superintendent of Insurance and the Insurance Administration were assumed by the Commissioner of Insurance and Securities and the Insurance Administration in the Department of Consumer and Regulatory Affairs was abolished.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 57 - Fraternal Benefit Associations. [Repealed] › § 31–5703. Nonresident associations; filing requirements; required showing of authority; examinations. [Repealed]

§ 31–5703. Nonresident associations; filing requirements; required showing of authority; examinations. [Repealed]
Repealed.
(Mar. 3, 1901, 31 Stat. 1310, ch. 854, § 751; Mar. 21, 1995, D.C. Law 10-233, § 5, 42 DCR 24; May 21, 1997, D.C. Law 11-268, § 10(n), 44 DCR 1730; Apr. 29, 1998, D.C. Law 12-86, § 1237(a), 45 DCR 1172.)
Prior Codifications
1981 Ed., § 35-1203.
1973 Ed., § 35-903.
Editor's Notes
Department of Insurance abolished: See Historical and Statutory Notes following § 31-5702.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 57 - Fraternal Benefit Associations. [Repealed] › § 31–5704. Required annual reports; contents. [Repealed]

§ 31–5704. Required annual reports; contents. [Repealed]
Repealed.
(Mar. 3, 1901, 31 Stat. 1311, ch. 854, § 752; May 21, 1997, D.C. Law 11-268, § 10(n), 44 DCR 1730; Apr. 29, 1998, D.C. Law 12-86, § 1237(a), 45 DCR 1172.)
Prior Codifications
1981 Ed., § 35-1204.
1973 Ed., § 35-904.
Editor's Notes
Department of Insurance abolished: See Historical and Statutory Notes following § 31-5702.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 57 - Fraternal Benefit Associations. [Repealed] › § 31–5705. Service of process on nonresident associations. [Repealed]

§ 31–5705. Service of process on nonresident associations. [Repealed]
Repealed.
(Mar. 3, 1901, 31 Stat. 1312, ch. 854, § 753; May 21, 1997, D.C. Law 11-268, § 10(n), 44 DCR 1730; Apr. 29, 1998, D.C. Law 12-86, § 1237(a), 45 DCR 1172.)
Prior Codifications
1981 Ed., § 35-1205.
Editor's Notes
Former § 35-1205 1981 Ed. had also been amended by D.C. Law 10-128.
D.C. Law 11-268, § 10(n) ( 44 DCR 1730), eff. May 21, 1997, amends § 35-1205 1981 Ed. without reference to its prior repeal.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 57 - Fraternal Benefit Associations. [Repealed] › § 31–5706. Issuance of permit to do business. [Repealed]

§ 31–5706. Issuance of permit to do business. [Repealed]
Repealed.
(Mar. 3, 1901, 31 Stat. 1312, ch. 854, § 754; June 14, 1994, D.C. Law 10-128, § 402(b), 41DCR 2096; May 21, 1997, D.C. Law 11-268,§ 10(n), 44 DCR 1730; Apr. 29, 1998, D.C. Law 12-86, § 1237(a), 45 DCR 1172.)
Prior Codifications
1981 Ed., § 35-1206.
1973 Ed., § 35-906.
Editor's Notes
Department of Insurance abolished: See Historical and Statutory Notes following § 31-5702.
D.C. Law 12-261, title II, § 2003(gg)(2) ( 46 DCR 3142), eff. April 20, 1999, amended § 35-1206§ 31-5706, 2001 Ed. without reference to its prior repeal.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 57 - Fraternal Benefit Associations. [Repealed] › § 31–5707. Formation procedure. [Repealed]

§ 31–5707. Formation procedure. [Repealed]
Repealed.
(Mar. 3, 1901, 31 Stat. 1313, ch. 854, § 755; Oct. 5, 1962, 76 Stat. 752, Pub. L. 87-757, § 2; Apr. 29, 1998, D.C. Law 12-86, § 1237(a), 45 DCR 1172.)
Prior Codifications
1981 Ed., § 35-1207.
1973 Ed., § 35-907.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 57 - Fraternal Benefit Associations. [Repealed] › § 31–5708. Reincorporation or continuance of powers of existing corporations. [Repealed]

§ 31–5708. Reincorporation or continuance of powers of existing corporations. [Repealed]
Repealed.
(Mar. 3, 1901, 31 Stat. 1313, ch. 854, § 756; Apr. 29, 1998, D.C. Law 12-86, § 1237(a), 45 DCR 1172.)
Prior Codifications
1981 Ed., § 35-1208.
1973 Ed., § 35-908.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 57 - Fraternal Benefit Associations. [Repealed] › § 31–5709. Incorporation of subordinate bodies. [Repealed]

§ 31–5709. Incorporation of subordinate bodies. [Repealed]
Repealed.
(Mar. 3, 1901, 31 Stat. 1314, ch. 854, § 757; Apr. 29, 1998, D.C. Law 12-86, § 1237(a), 45 DCR 1172.)
Prior Codifications
1981 Ed., § 35-1209.
1973 Ed., § 35-909.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 57 - Fraternal Benefit Associations. [Repealed] › § 31–5710. Payment of assessments and/or dues by beneficiary. [Repealed]

§ 31–5710. Payment of assessments and/or dues by beneficiary. [Repealed]
Repealed.
(Mar. 3, 1901, 31 Stat. 1314, ch. 854, § 758; Apr. 29, 1998, D.C. Law 12-86, § 1237(a), 45 DCR 1172.)
Prior Codifications
1981 Ed., § 35-1210.
1973 Ed., § 35-910.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 57 - Fraternal Benefit Associations. [Repealed] › § 31–5711. Exemption of benefits from legal process. [Repealed]

§ 31–5711. Exemption of benefits from legal process. [Repealed]
Repealed.
(Mar. 3, 1901, 31 Stat. 1314, ch. 854, § 759; Apr. 29, 1998, D.C. Law 12-86, § 1237(a), 45 DCR 1172.)
Prior Codifications
1981 Ed., § 35-1211.
1973 Ed., § 35-911.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 57 - Fraternal Benefit Associations. [Repealed] › § 31–5712. Meetings. [Repealed]

§ 31–5712. Meetings. [Repealed]
Repealed.
(Mar. 3, 1901, 31 Stat. 1314, ch. 854, § 760; Apr. 29, 1998, D.C. Law 12-86, § 1237(a), 45 DCR 1172.)
Prior Codifications
1981 Ed., § 35-1212.
1973 Ed., § 35-912.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 57 - Fraternal Benefit Associations. [Repealed] › § 31–5713. Fraudulent representations. [Repealed]

§ 31–5713. Fraudulent representations. [Repealed]
Repealed.
(Mar. 3, 1901, 31 Stat. 1315, ch. 854, § 761; June 30, 1902, 32 Stat. 534, ch. 1329, § 761; Apr. 29, 1998, D.C. Law 12-86, § 1237(a), 45 DCR 1172.)
Prior Codifications
1981 Ed., § 35-1213.
1973 Ed., § 35-913.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 57 - Fraternal Benefit Associations. [Repealed] › § 31–5714. Violations of provisions or injunction. [Repealed]

§ 31–5714. Violations of provisions or injunction. [Repealed]
Repealed.
(Mar. 3, 1901, 31 Stat. 1315, ch. 854, § 762; Oct. 5, 1985, D.C. Law 6-42, § 470(g), 32 DCR 4450; May 21, 1997, D.C. Law 11-268,§ 10(n), 44 DCR 1730; Apr. 29, 1998, D.C. Law 12-86, § 1237(a), 45 DCR 1172.)
Prior Codifications
1981 Ed., § 35-1214.
1973 Ed., § 35-914.
Editor's Notes
Department of Insurance abolished: See Historical and Statutory Notes following § 31-5702.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11, abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 57 - Fraternal Benefit Associations. [Repealed] › § 31–5715. Individual violations of provisions. [Repealed]

§ 31–5715. Individual violations of provisions. [Repealed]
Repealed.
(Mar. 3, 1901, 31 Stat. 1315, ch. 854, § 763; Oct. 5, 1985, D.C. Law 6-42, § 470(h), 32 DCR 4450; May 21, 1997, D.C. Law 11-268, § 10, 44 DCR 1730; Apr. 29, 1998, D.C. Law 12-86, § 1237(a), 45 DCR 1172.)
Prior Codifications
1981 Ed., § 35-1215.
1973 Ed., § 35-915.
Editor's Notes
Section 35-1215 § 31-5715, 2001 Ed. was also amended by D.C. Law 12-81 to validate a previously made technical correction.
Department of Insurance abolished: See Historical and Statutory Notes following § 31-5702.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 57 - Fraternal Benefit Associations. [Repealed] › § 31–5716. Exceptions for associations for profit, certain specified organizations. [Repealed]

§ 31–5716. Exceptions for associations for profit, certain specified organizations. [Repealed]
Repealed.
(Mar. 3, 1901, 31 Stat. 1316, ch. 854, § 764; Dec. 12, 1928, 45 Stat. 1021, ch. 24; Apr. 29, 1998, D.C. Law 12-86, § 1237(a), 45 DCR 1172.)
Prior Codifications
1981 Ed., § 35-1216.
1973 Ed., § 35-916.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 57 - Fraternal Benefit Associations. [Repealed] › § 31–5717. Exceptions to provisions — Associations or individuals using name of previously existing corporation. [Repealed]

§ 31–5717. Exceptions to provisions — Associations or individuals using name of previously existing corporation. [Repealed]
Repealed.
(Mar. 3, 1901, 31 Stat. 1316, ch. 854, § 765; Apr. 29, 1998, D.C. Law 12-86, § 1237(a), 45 DCR 1172.)
Prior Codifications
1981 Ed., § 35-1217.
1973 Ed., § 35-917.