reglab/statecodes huggingface dataset:
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 30 - Secretary of State › Chapter 55 - Hearings Under Securities Act › Section 15 CSR 30-55.090 - Procedure at Hearing

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule states the procedures and rules of
				  evidence to be followed at the hearing.
(1) Prehearing Motions. The commissioner or
				Administrative Hearing Commission may consider any motions to dismiss, motion
				to vacate, motions for summary judgment, or any other dispositive motions prior
				to commencement of the hearing on the merits.
(2) Evidence. The order in which the evidence
				will be presented is as follows:
(A) The
				Securities Division shall present its evidence first. The burden of proof in a
				hearing on the merits in matters relating to an order of the commissioner, or
				the failure of the commissioner to act, shall be on the Securities Division.
				The burden of proof for affirmative defenses, including exemptions and
				exceptions from definition, shall be upon the party claiming the affirmative
				defense.
(B) All witnesses may be
				cross-examined on any relevant issue even though that matter was not the
				subject of direct examination and may be impeached regardless of which party
				first called him/her to testify;
(C) Other parties shall then present their
				evidence;
(D) Each party has the
				right to rebut the evidence presented;
(E) The commissioner and Administrative
				Hearing Commission shall have the authority to administer oaths and
				affirmations, to rule on the admission or inclusion of evidence, and to take
				the necessary steps to insure a fair and orderly conduct of the hearing. S/he
				shall follow section
				536.070,
				RSMo governing admission of evidence in administrative hearings; and
(F) The commissioner and Administrative
				Hearing Commission shall take official notice of all matters of which courts
				take judicial notice. Technical facts, not judicially cognizable may be
				officially noted if they are within his/her competence provided that the
				parties are notified and are given a chance to contest these facts or show that
				official notice would not be proper.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 30 - Secretary of State › Chapter 55 - Hearings Under Securities Act › Section 15 CSR 30-55.100 - Subpoenas

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment clarifies the process and
				  what information must be submitted in order to request a Subpoena Duces Tecum
				  from the Commissioner of Securities.
(1) The commissioner shall have the authority
				to issue subpoenas and subpoenas duces tecum.
(A) Subpoenas other than subpoenas
duces tecum
shall be issued upon the request of any party,
				provided the requesting party provide the following information:
1. Caption and number of the case;
2. Name of witness being subpoenaed;
				and
3. Date for
				appearance.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 30 - Secretary of State › Chapter 55 - Hearings Under Securities Act › Section 15 CSR 30-55.110 - Motions, Suggestions and Legal Briefs

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule states when motions, suggestions
				  and legal briefs may be filed and answered.
(1) Motions and Suggestions. Each party shall
				be entitled to file motions and to present written suggestions, accompanied by
				oral argument if the party so chooses. Motions and written suggestions may be
				filed at any time during the pendency of the proceeding. Opposing parties shall
				file any responsive pleadings within five (5) business days, unless the
				commissioner or Administrative Hearing Commission grants additional
				time.
(2) Briefs. At any time prior
				to submitting the case for consideration at the close of the hearing, a party
				may seek leave to file a brief. If leave is granted, a party shall have twenty
				(20) days after leave is granted to prepare and file its brief. The other
				parties will be given twenty (20) days to file responsive briefs. Three (3)
				copies of briefs must be filed with the commissioner or Administrative Hearing
				Commission. The filing party shall also mail all briefs filed to all other
				parties.
*Original authority: 409.6-605, RSMo
					 2003.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 30 - Secretary of State › Chapter 55 - Hearings Under Securities Act › Section 15 CSR 30-55.220 - Hearing Officers

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule provides for the appointment of
				  hearing officers by the secretary of state.
(1) In all proceedings before the
				commissioner initiated under provisions of Chapter 409, RSMo, the secretary of
				state or his/her designee may appoint a hearing officer to conduct the
				proceeding.
(2) Upon the written
				request of a party, the commissioner may modify any interim ruling of the
				hearing officer, but no hearing on the request must be provided.
(3) When the adjudicatory proceeding has been
				completed, the hearing officer shall recommend Findings of Fact and Conclusions
				of Law to the commissioner. The commissioner shall dispose of the matter in the
				manner applicable to proceedings conducted by the commissioner. No hearing on
				the recommendations of the hearing officer must be provided.
*Original authority: 409.6-605, RSMo
					 2003.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 30 - Secretary of State › Chapter 56 - Take-Over Bid Disclosure: General Provisions › Section 15 CSR 30-56.010 - Provision to be Included in Certain Take-over Bid Information to Offerees

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded February 26, 1993)
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 30 - Secretary of State › Chapter 56 - Take-Over Bid Disclosure: General Provisions › Section 15 CSR 30-56.015 - Filing Requirements

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule specifies the filing requirements
				  of the Missouri Takeover Bid Disclosure Act.
(1) Every person filing the registration
				statement required by section
				409.511,
				RSMo shall pay a fee of two thousand five hundred dollars ($2,500) to be
				remitted by check, draft or money order payable to the Director of Revenue,
				State of Missouri.
(2) Every filing
				of a registration statement pursuant to section
				409.511,
				RSMo shall include the tender offer statement required by section 14(d) of the
				Securities Exchange Act of 1934, 15 USC 78 n(d). The submission of the tender
				offer statement will be considered to satisfy the requirements of sections
				409.511.2. and 409.516.1(2)-(8) and (11), RSMo.
(3) Every filing of a registration statement
				pursuant to section
				409.511,
				RSMo shall include a notification in letter form which answers the requirements
				of section 409.516.1(1), (9, (10)) and (12). The letter notification shall
				contain the numbers of the items of section
				409.516,
				RSMo with the text omitted. The answers to the items shall indicate clearly the
				coverage of the items. Answer every item. If an answer is inapplicable or the
				answer is in the negative, so state.
(4) If the take-over bid is not subject to
				the requirements of section 14(d) of the Securities Exchange Act of 1934, 15
				USC 78 n(d), a notification in letter form which answers the items required by
				sections 409.511.2., 409.516.1(2)-(8) and (11) and 409.561(1)-(6), RSMo shall
				be prepared as previously mentioned in section (3) and included with the
				registration statement required by section
				409.511,
				RSMo.
*Original authority: 409.531, RSMo
					 1986.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 30 - Secretary of State › Chapter 56 - Take-Over Bid Disclosure: General Provisions › Section 15 CSR 30-56.025 - Tender Offer

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule clarifies the meaning of tender
				  offer as defined in the Missouri Takeover Bid Disclosure Act.
(1) A Tender Offer or Request or Invitation
				for Tenders Within the Meaning of Section
				409.500, RSMo. The
				Missouri Take-over Disclosure Act is a publicly made invitation addressed to
				all shareholders to tender shares at a given price, characterized by active or
				widespread solicitation or pressure to accept or reject an offer
				quickly.
*Original authority: 409.531, RSMo
					 1986.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 30 - Secretary of State › Chapter 56 - Take-Over Bid Disclosure: General Provisions › Section 15 CSR 30-56.040 - Fraudulent, Deceptive or Manipulative Practices

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded February 26, 1993)
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 30 - Secretary of State › Chapter 57 - Take-Over Bid Disclosure: Disclosure Filings › Section 15 CSR 30-57.020 - Precondition to Making Bid

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets out hearing conditions to be
				  met after disclosure is made, before making the bid to
				  offerees.
(1) Before making
				the take-over bid and after the disclosure statement,
				15 CSR
				30-57.060, has been filed, one (1) of the following
				conditions must be met:
(A) No hearing shall
				have been ordered by the commissioner within fifteen (15) days following the
				filing; and
(B) The commissioner
				shall have determined in a hearing that the offeror proposes to make full, fair
				and adequate disclosure to offerees of all information material to a decision
				to accept or reject an offer.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 30 - Secretary of State › Chapter 58 - Take-Over Bid Disclosure: Exemptions › Section 15 CSR 30-58.020 - Offers Exempted as Not Being Within the Purposes of the Act

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded February 26, 1993)
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 30 - Secretary of State › Chapter 59 - Registration and Operations of Commodity Broker-Dealers and Sales Representatives › Section 15 CSR 30-59.020 - General Instructions

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule covers general instructions
				  applicable to persons applying for registration as broker-dealers or sales
				  representatives
.
(1) A
				broker-dealer or agent may be registered or renewed as such under the Missouri
				Model Commodities Code (the Code), if the commissioner finds that the applicant
				is qualified, has sufficient training, knowledge and experience in the
				commodities business, is of good repute and has otherwise fully satisfied the
				requirements of the Code and this chapter. In determining which activities
				require registration under the Code, see sections
				409.803
				and
				409.840,
				RSMo.
(2) The applicant, if an
				individual, shall have attained the age of eighteen (18) years.
(3) A foreign corporation shall furnish a
				copy of the certificate of authority to transact business in Missouri or an
				opinion of counsel stating no such authority is required (section 351.570,
				RSMo).
(4) Any applicant who will
				engage in or transact business in Missouri under a name shall furnish evidence
				of registration of fictitious name (section
				417.200,
				RSMo).
(5) A broker-dealer shall
				have and maintain at least one (1) sales representative.
(6) Any application for registration as a
				sales representative shall not be registered as representing more than one (1)
				broker-dealer at any one (1) time, except as follows:
(A) Where control and management of the
				broker-dealers or issuers are essentially identical; or
(B) Where there is no conflict of interests
				and where prior to the dual registration, both broker-dealers have filed,
				written statements acknowledging the proposed dual agency and affirming that
				there will be no conflict. The statements must display an original signature of
				the appropriate signatory of the principal.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 30 - Secretary of State › Chapter 59 - Registration and Operations of Commodity Broker-Dealers and Sales Representatives › Section 15 CSR 30-59.030 - Fees

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule prescribes policies and procedures
				  for charging registration and other fees.
(1) All fees shall accompany the application
				or other filing to which they pertain.
(2) Fees shall be remitted by check, draft or
				money order (cash is not acceptable) payable to the Director of Revenue, State
				of Missouri, in accordance with the following:
(A) Registration of broker-dealers (section
				409.850,
				RSMo)
1. Initial Registration $100;
				and
2. Renewal Registration $
				75;
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 30 - Secretary of State › Chapter 59 - Registration and Operations of Commodity Broker-Dealers and Sales Representatives › Section 15 CSR 30-59.040 - Forms

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule prescribes the forms adopted and
				  approved for filing with the commissioner.
(1) The following forms have been adopted and
				approved for filing with the division:
(A) C-4
				Broker-Dealer, Sales Representative Statutory Bond (Broker-Dealer Fidelity Bond
				(Use commercial bond form)); and
(B) C-16 Application for Renewal Registration
				As Sales Representative.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 30 - Secretary of State › Chapter 59 - Registration and Operations of Commodity Broker-Dealers and Sales Representatives › Section 15 CSR 30-59.050 - Broker-Dealer, Sales Representative Statutory Bond

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded August 30, 2003)
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 30 - Secretary of State › Chapter 59 - Registration and Operations of Commodity Broker-Dealers and Sales Representatives › Section 15 CSR 30-59.060 - Application for Renewal Registration as Sales Representative

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded August 30, 2003)
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 30 - Secretary of State › Chapter 59 - Registration and Operations of Commodity Broker-Dealers and Sales Representatives › Section 15 CSR 30-59.070 - Application for Registration

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule prescribes the information to be
				  contained in and the documents to accompany, applications for registration as
				  broker-dealer or sales representative.
PUBLISHER'S NOTE: The secretary of state has
				  determined that the publication of the entire text of the material which is
				  incorporated by reference as a portion of this rule would be unduly cumbersome
				  or expensive. Therefore, the material which is so incorporated is on file with
				  the agency who filed this rule, and with the Office of the Secretary of State.
				  Any interested person may view this material at either agency's headquarters or
				  the same will be made available at the Office of the Secretary of State at a
				  cost not to exceed actual cost of copy reproduction. The entire text of the
				  rule is printed here. This note refers only to the incorporated by reference
				  material.
(1) The application
				for registration as broker-dealer shall contain the information as follows:
(A) As to initial registration, the
				information specified in the application (Form BD), accompanied by the filing
				fee (section
				409.850,
				RSMo), consent to service of process (Form BD) (section
				409.838,
				RSMo), copies of articles of incorporation and any corporate resolutions,
				audited financial statement (15 CSR
				30-59.090 ), unaudited financial statement accompanied
				by a computation of net capital (FOCUS Report, Form X-17A-5)(15 CSR
				30-59.100(5) ), general plan of
				business or appropriate schedule of Form BD, a surety bond if required
				(15 CSR 30-59.120 ),
				fidelity bond (15 CSR 30-59.120 ), bank
				reference letter or letter of credit, offering circular sample forms and
				stationery and an appropriate personal information schedule of Form BD for each
				officer, director, partner and proprietor; or
(B) As to renewal registration, the
				information specified in the execution page of the Form BD, attached to any
				amendments to the Form BD not filed previously, accompanied by the filing fee
				(section
				409.830,
				RSMo and
				15 CSR
				30-59.030(2) ), a disclosure
				statement (15 CSR
				30-59.190 ) and applicable financial statement
				accompanied by a net capital computation (FOCUS Report Form X-17A-5)
				(15 CSR
				30-59.100(5) ) (see also
				15 CSR
				30-59.170(3)-(6) ).
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 30 - Secretary of State › Chapter 59 - Registration and Operations of Commodity Broker-Dealers and Sales Representatives › Section 15 CSR 30-59.080 - Examination

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule prescribes the policies and
				  procedures for administering examinations of applicants for registration as
				  broker-dealers and as sales representatives.
(1) Unless specifically exempted as provided
				in this rule, a written examination in the form and content prescribed or
				approved by the commissioner shall be taken and passed by every applicant for
				registration as a broker-dealer or sales representative, before the applicant
				shall be considered qualified for registration (section
				409.853, RSMo. An
				applicant, other than an individual, shall qualify by examination taken and
				passed by an executive officer of the applicant or other person approved by the
				commissioner. The following examinations are required for the following
				applicants:
(A) Sales representatives of
				broker-dealers are required to take and pass the USASLE (Series 63)
				examinations and the NCFE (Series 3); and
(B) Qualifying officers of broker-dealers are
				required to take and score eighty percent (80%) or better on the NCFE (Series
				3) and to take and pass the USASLE (Series 63) examinations.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 30 - Secretary of State › Chapter 59 - Registration and Operations of Commodity Broker-Dealers and Sales Representatives › Section 15 CSR 30-59.090 - Financial Statements

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule prescribes the content of
				  financial statements filed by persons applying for registration, and by persons
				  registered, as broker-dealers.
PUBLISHER'S NOTE: The secretary of state has
				  determined that the publication of the entire text of the material which is
				  incorporated by reference as a portion of this rule would be unduly cumbersome
				  or expensive. Therefore, the material which is so incorporated is on file with
				  the agency who filed this rule, and with the Office of the Secretary of State.
				  Any interested person may view this material at either agency's headquarters or
				  the same will be made available at the Office of the Secretary of State at a
				  cost not to exceed actual cost of copy reproduction. The entire text of the
				  rule is printed here. This note refers only to the incorporated by reference
				  material.
(1) A financial
				statement shall consist of a balance sheet, a profit and loss statement,
				statement of change in financial condition, certified unless otherwise
				prescribed in this rule or permitted by the commissioner (section
				409.858,
				RSMo).
(2) Every applicant for
				initial registration as broker-dealer shall file a financial statement as
				follows:
(A) As to initial registration as a
				broker-dealer, the applicant shall file a certified financial statement as of a
				date within thirty (30) days prior to the filing; provided if the applicant has
				been engaged in business one (1) year or more, s/he may file a certified
				financial statement as of the end of his/her last fiscal period together with a
				balance sheet, which need not be certified, as of a date within thirty (30)
				days prior to the filing; and
(B)
				If the annual financial statement is more than six (6) months old, s/he shall
				also file a semi-annual financial statement, which need not be certified. The
				semi-annual financial statement may consist wholly of a completed FOCUS report
				for that period.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 30 - Secretary of State › Chapter 59 - Registration and Operations of Commodity Broker-Dealers and Sales Representatives › Section 15 CSR 30-59.100 - Net Capital Requirements for Broker-Dealers

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule prescribes the minimum net capital
				  and ratio between net capital and aggregate indebtedness required of registered
				  broker-dealers.
(1) A
				broker-dealer shall have the net capital necessary to comply with all of the
				following conditions:
(A) The aggregate
				indebtedness to all other persons of a broker-dealer who has been registered
				under section
				409.850,
				RSMo shall not exceed one thousandth percent (.001%) of his/her net capital;
				and
(B) S/he shall have and
				maintain net capital of not less than twenty thousand dollars
				($20,000).
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 30 - Secretary of State › Chapter 59 - Registration and Operations of Commodity Broker-Dealers and Sales Representatives › Section 15 CSR 30-59.110 - Broker-Dealer Notice of Net Capital Deficiency

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment removes text that allowed the
				  Commissioner to be notified of broker-dealer net capital ratios by a now
				  defunct means of communication.
(1) Every registered broker-dealer shall make
				a computation of its net capital and ratio of its aggregate indebtedness to its
				net capital not less than monthly and shall comply with the following
				requirements:
(A) No withdrawal or any part
				of its net worth, including subordinated indebtedness, whether by redemption,
				retirement, repurchase, repayment or otherwise, shall be permitted or effected
				that will cause its net capital to be less than one hundred twenty percent
				(120%) of the amount prescribed in
				15 CSR
				30-59.100 or its aggregate indebtedness to exceed one
				thousand five hundred percent (1,500%) of its net capital, without notice to
				the commissioner as follow in subsections (1)(B) and (C) (section
				409.858,
				RSMo);
(B) Every broker-dealer to
				which this rule is applicable, whose net capital is less than one hundred
				twenty percent (120%) of the amount prescribed in
				15 CSR
				30-59.100 or whose aggregate indebtedness exceeds one
				thousand five hundred percent (1,500%) of its net capital, promptly shall
				notify the commissioner in writing of the deficiency and its extent;
				and
(C) Every broker-dealer to
				which this rule is applicable shall file with the commissioner a report in
				writing on its net capital and ratio of its aggregate indebtedness to its net
				capital as of the end of each month in which its net capital is less than one
				hundred twenty percent (120%) of the amount prescribed in
				15 CSR
				30-59.100 or its aggregate indebtedness exceeds one
				thousand two hundred percent (1,200%) of its net capital, promptly after it has
				knowledge of that fact and in no event later than fifteen (15) days after the
				end of each such month.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 30 - Secretary of State › Chapter 59 - Registration and Operations of Commodity Broker-Dealers and Sales Representatives › Section 15 CSR 30-59.120 - Bonds

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule prescribes surety bonding
				  requirements for registered broker-dealers and sales representatives and
				  fidelity bonding requirements for registered broker-dealers.
(1) Every registered broker-dealer shall post
				surety bond on Form C-4 (see
				15 CSR 30-59.040 ) in the
				amount of twenty thousand dollars ($20,000), except that no such bond is
				required of any broker-dealer whose net capital exceeds two hundred thousand
				dollars ($200,000).
(2) Every
				registered sales representative of a broker-dealer shall post security (surety)
				bond on Form C-4 in the amount of five thousand dollars ($5,000), except that
				no such bond is required of any sales representative of a registered
				broker-dealer whose net capital exceeds two hundred thousand dollars
				($200,000).
(3) Employees and
				officers of every registered broker-dealer shall be covered by a fidelity bond
				in the following minimum amounts: Less than six (6) individuals covered fifty
				thousand dollars ($50,000); more than five (5) and less than eleven (11)
				individuals covered seventy-five thousand dollars ($75,000); more than ten (10)
				persons one hundred twenty-five thousand dollars ($125,000). The coverage
				provided shall be under a Brokers Blanket Bond Standard Form 14 or its
				equivalent. Individual broad coverage commercial bonds may be carried when the
				total number of individuals covered is less than six (6). Any fidelity bond
				coverage meeting the requirements of the American Stock Exchange, the Boston
				Stock Exchange, the Midwest Stock Exchange, Inc., the New York Stock Exchange,
				Inc., the Pacific Stock Exchange, Inc., the PBW Stock Exchange, Inc. or the
				Chicago Board Options Exchange, Inc. shall be deemed in compliance.
				Authenticated copies of fidelity bonds shall be filed with the
				commissioner.
(4) Every insurer
				shall agree to notify the commissioner, in writing, at least thirty (30) days
				prior to any cancellation.
(5) All
				bonds, other than those secured by cash or securities, shall be executed by a
				corporate surety approved and authorized to do business in Missouri by the
				director of insurance. If any bond is executed by an attorney-in-fact, a true
				and authenticated copy of his/her authority shall be attached to the
				bond.
*Original authority: 409.858, RSMo
					 1985.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 30 - Secretary of State › Chapter 59 - Registration and Operations of Commodity Broker-Dealers and Sales Representatives › Section 15 CSR 30-59.130 - Segregation of Accounts by Broker-Dealers

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule prescribes the commingling by
				  broker-dealers of their personal funds and commodities with those of their
				  customers and provides for the maintenance of separate records.
(1) Every broker-dealer shall at all times
				keep its customers' funds and commodities in trust and segregated from its own
				funds and commodities provided, however, that compliance with Securities and
				Exchange Commission or Commodity Futures Trading Commission regulations
				governing the use, commingling and hypothecation of customers' commodities and
				free credit balances shall be deemed in compliance with this rule.
(2) Every broker-dealer which engages in more
				than one (1) enterprise or activity shall maintain separate books of accounts
				and records relating to its commodities business and its other businesses and
				the assets relating to its commodities business shall not be commingled with
				those of such other businesses. Every broker-dealer shall maintain a clearly
				defined division among such businesses with respect to income and
				expenses.
*Original authority: 409.858, RSMo 1985 and 409.863, RSMo
					 1985.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 30 - Secretary of State › Chapter 59 - Registration and Operations of Commodity Broker-Dealers and Sales Representatives › Section 15 CSR 30-59.140 - Confirmations

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule requires broker-dealers to confirm
				  transactions in customers' commodities.
(1) Confirmations by broker-dealers of all
				purchases and sales of commodities and notices of all other debits and credits
				for securities, cash and other items for the account of customers, officers,
				agents, partners and employees shall be given or sent to such persons at or
				before completion of each transaction and shall disclose at least the
				following:
(A) The account for which
				entered;
(B) Instructions, terms
				and conditions, including price, quantity and description of the transaction
				whether executed or unexecuted;
(C)
				Date of execution of transaction (Time of trade shall be furnished upon
				request.);
(D) Whether the
				broker-dealer is acting for its own account, as agent for some other person or
				as an agent for both the customer and some other person;
(E) If a broker-dealer is acting as agent for
				the customer, the following additional information or a statement that the
				information will be furnished upon request:
1. The name of the person from whom the
				security was purchased or to whom it was sold, the date and time the
				transaction occurred; and
2. Source
				and amount of commission or remuneration received or to be received in
				connection with the transaction;
(F) Name or identification number of sales
				representative handling transaction;
(G) Whether the transaction was solicited or
				unsolicited; and
(H) Whether the
				broker-dealer is a market maker or has holdings in the commodity in excess of
				one (1) million dollars.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 30 - Secretary of State › Chapter 59 - Registration and Operations of Commodity Broker-Dealers and Sales Representatives › Section 15 CSR 30-59.160 - Records to be Preserved by Broker-Dealers

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule prescribes periods of time books
				  and records of broker-dealers must be preserved.
(1) Every broker-dealer shall preserve for a
				period of not less than six (6) years, the first two (2) years in an easily
				accessible place, all records required to be made pursuant to these
				rules.
(2) Every broker-dealer
				shall preserve for a period of not less than three (3) years and, for the first
				two (2) years, in an easily accessible place, the following:
(A) All check books, bank statements,
				cancelled checks, voided checks and cash reconciliations;
(B) All bills, receivable or payable (or
				copies) paid or unpaid relating to the business of the broker-dealer;
(C) Originals of all communications received
				and copies of all communications sent by the broker-dealer (including
				interoffice memoranda and communications) relating to his/her broker-dealer
				business;
(D) All net capital
				computations, trial balances, financial statements, branch office
				reconciliations and internal audit working papers, relating to the business of
				the broker-dealer;
(E) All
				guarantees of accounts and all powers of attorney and other evidence of the
				granting of any discretionary authority given in respect to any account and
				copies of resolutions empowering an agent to act on behalf of a corporation;
				and
(F) All written agreements (or
				copies) entered into by that broker-dealer relating to his/her business,
				including agreements with respect to any account.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 30 - Secretary of State › Chapter 59 - Registration and Operations of Commodity Broker-Dealers and Sales Representatives › Section 15 CSR 30-59.190 - Disclosure Statements

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule requires broker-dealers or sales
				  representatives to furnish the customer disclosure regarding the commodity and
				  the broker-dealer company.
(1) Broker-dealers or sales representatives
				must furnish to each customer purchasing commodities, no later than the date of
				confirmation of the transaction, a disclosure statement, which must set forth
				all of the information as follows:
(A) Risk
				factors including a statement regarding the stability of the specific commodity
				market and competition in this type of business;
(B) Explanation of the specific commodity
				market including place where trades are made and whether market was created or
				controlled by the broker-dealer company;
(C) Explanation of the broker-dealer company
				organizational structure including the names of officers, directors and
				affiliates of the broker-dealer company;
(D) Explanation of the broker-dealer's
				longevity of operation in the commodities business and the name of the state
				under the laws of which it was organized;
(E) Statement setting forth the
				capitalization of the broker-dealer company; and
(F) Description of any pending material
				litigation or administrative proceedings that involve the broker-dealer company
				or its officers, directors or affiliates. Include similar information as to any
				such proceedings known to be contemplated by governmental
				authorities.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 30 - Secretary of State › Chapter 59 - Registration and Operations of Commodity Broker-Dealers and Sales Representatives › Section 15 CSR 30-59.200 - Promotional Materials to be Filed, Permitted Without Filing and Prohibited

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule prescribes the requirements for
				  filing sales and advertising literature of the public offering of commodities
				  and the types of advertising that are permitted and those that are
				  prohibited.
(1) Any
				advertisement, display, pamphlet, brochure, letter, article or communication
				published in any newspaper, magazine or periodical, or script of any recording,
				radio or television announcement, broadcast or commercial to be used or
				circulated in connection with the sale and promotion of a public offering of
				commodities will be subject to the following requirements and restrictions:
(A) All sales and advertising literature and
				promotional material, other than that exempted by this rule, shall be governed
				by the following:
1. The applicant shall file
				with the commissioner, at least five (5) days before its intended
				dissemination, one (1) copy of each item of literature or material;
2. If not disallowed by the commissioner by
				written notice or otherwise within three (3) business days from the date filed,
				the literature or material may be disseminated;
3. No formal approval of the literature or
				material shall be issued by the commissioner; and
4. The disseminator of the literature or
				material shall be responsible for the accuracy and reliability of the
				literature and material and its conformance with the Missouri Uniform
				Securities Act and this rule; and
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 30 - Secretary of State › Chapter 70 - Safe at Home: Address Confidentiality Program › Section 15 CSR 30-70.020 - Application Assistant Training, Registration, and Renewal

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule is being amended to update its
				  contents to align with statutory changes to the Safe at Home laws in
				  2018.
PUBLISHER'S NOTE: The secretary of state has
				  determined that the publication of the entire text of the material which is
				  incorporated by reference as a portion of this rule would be unduly cumbersome
				  or expensive. This material as incorporated by reference in this rule shall be
				  maintained by the agency at its headquarters and shall be made available to the
				  public for inspection and copying at no more than the actual cost of
				  reproduction. This note applies only to the reference material. The entire text
				  of the rule is printed here.
(1) All application assistants shall be
				trained and registered by the secretary in order to participate in the
				program.
(2) The application
				assistant may only be registered when the prospective application assistant-
(A) Is an employee or volunteer with a
				qualified agency and can confirm to the secretary relevant qualifications to
				work with victims of domestic violence, rape, sexual assault, human
				trafficking, stalking, or other crimes;
(B) Successfully completes a program
				orientation and training session sponsored by the secretary;
(C) Completes an application assistant
				agreement form provided by the secretary. The application assistant agreement
				form, 2018, incorporated herein by reference, is published by the Missouri
				Secretary of State, PO Box 1767, Jefferson City, MO 65102-1767. This form does
				not include any amendments or additions. The form is available at the secretary
				of state's office or may be obtained by email to safeathome@sos.mo.gov or by
				mailing a written request to Safe at Home, PO Box 1409, Jefferson City, MO
				65102-1409;
(D) Agrees to adhere to
				the policies, procedures and directions provided by the program manager for
				rendering assistance to program applicants;
(E) Agrees to adhere to the instructions and
				terms provided in the application assistant agreement including the obligation
				to notify the secretary of any change of employment; and
(F) Registers with the secretary as a voter
				registration solicitor on a form provided by the secretary, if the prospective
				application assistant would otherwise be required to register as a voter
				registration solicitor under section
				115.205
				RSMo Supp. 2007.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 30 - Secretary of State › Chapter 70 - Safe at Home: Address Confidentiality Program › Section 15 CSR 30-70.040 - Cancellation of Program Certification

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule is being amended to update its
				  contents to align with statutory changes to the Safe at Home laws in
				  2018.
(1) Program
				certification shall be canceled if any of the following occur:
(A) The program participant fails to notify
				the program manager in writing signed by the participant of a change in the
				program participant's name or mailing address within ten (10) business days of
				the change; or
(B) The participant
				relocates outside of the state of Missouri; or
(C) The applicant or program participant
				violates subdivision (2) of section
				589.663.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 30 - Secretary of State › Chapter 70 - Safe at Home: Address Confidentiality Program › Section 15 CSR 30-70.050 - Exercise of Program Participant's Privileges

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule is being amended to update its
				  contents to align with statutory changes to the Safe at Home laws in
				  2018.
(1) A program
				participant shall request that a court or government agency use the designated
				address assigned by the secretary as the participant's address at the time of
				creation of any new record.
(2) A
				program participant shall show the authorization card/letter to the court or
				government agency official creating a new record and request address
				confidentiality through use of the designated address . The designated address
				shall appear on the program participant's authorization card/letter.
(3) Authorized court or government agency
				personnel may make a file photocopy of the authorization card/letter and shall
				immediately return the authorization card/letter to the program
				participant.
(4) A court or
				government agency shall accept the designated address unless the agency has
				received a written record disclosure determination from the secretary under
				section 589.669 or
				589.672, RSMo and these
				rules.
(5) A court or government
				agency shall not question the program participant about the details or
				circumstances of the participant's inclusion in the program. Rather, the court
				or agency shall accept the determination made by the secretary that the
				participant is a certified program participant.
(6) Authorized court or government agency
				personnel may request verification from the secretary of a program
				participant's residency in a geographic service district where such information
				is necessary to determine eligibility for agency services for the program
				participant or the participant's minor children, including but not limited to,
				the verification of the participant's residence in a school or library
				district. Such requests shall be made in writing to the secretary of state and
				include the participant's name, authorization number, and the identified
				geographic area or service district where the participant must reside to
				receive services from the agency, or the request may be made on a form
				prescribed by the secretary. The secretary may respond verbally to such
				requests and confirm residency in the district without disclosing the program
				participant's address.
*Original authority: 589.681, RSMo
					 2007.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 30 - Secretary of State › Chapter 70 - Safe at Home: Address Confidentiality Program › Section 15 CSR 30-70.060 - Service of Process

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule is being amended to update its
				  contents to align with statutory changes to the Safe at Home laws in
				  2018.
(1) The secretary shall
				be an agent of the program participant upon whom any summons, writ, notice,
				demand, or process may be served.
(2) Service on the secretary of any such
				summons, writ, demand, notice, or process shall be made by mailing to Safe at
				Home - PO Box 1409, Jefferson City, MO, 65102 or by hand delivering to the
				secretary , located at 600 West Main Street, Jefferson City, MO, 65101, two (2)
				copies of the summons, writ, notice, demand, or process.
(3) If a summons, writ, notice, demand, or
				process is served on the secretary, the secretary shall immediately forward a
				copy to the program participant at the participant's current mailing address as
				shown on the records of the program by certified mail.
(4) The secretary shall maintain, in the
				program participant's file, a record of all summonses, writs, notices, demands,
				and processes served upon the secretary for that participant. The secretary
				shall include in the file the date of such service and the secretary's action
				upon receipt of service.
*Original authority: 589.681, RSMo
					 2007.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 30 - Secretary of State › Chapter 70 - Safe at Home: Address Confidentiality Program › Section 15 CSR 30-70.070 - Program Participant Renewal

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule is being amended to update its
				  contents to align with statutory changes to the Safe at Home laws in
				  2018.
(1) A program
				participant may renew program participation by filing a properly completed
				renewal form with the program manager. The renewal form shall be sent to the
				participant with the notification of lapsing certification required by section
				589.663, RSMo and these rules at
				least four (4) weeks before the expiration of the participant's current
				certification.
(2) The program
				manager shall certify a program participant, who has filed a properly completed
				certification renewal form, to participate in the program for an additional
				four- (4-) year term unless the certification is withdrawn or canceled before
				that date. The renewal need only be signed by the participant and need not be
				made before an application assistant.
(3) Upon receipt of a properly completed
				renewal form, the program manager shall issue to the program participant a new
				authorization card/letter which includes the program participant's name,
				authorization code, voter code, designated address, signature, and new
				certification expiration date. Upon receipt of the new authorization
				card/letter, the participant shall destroy the expired card.
*Original authority: 589.681, RSMo
					 2007.
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 30 - Secretary of State › Chapter 70 - Safe at Home: Address Confidentiality Program › Section 15 CSR 30-70.080 - Agency Disclosure Request

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule is being amended to update its
				  contents to align with statutory changes to the Safe at Home laws in
				  2018.
(1) The director or
				equivalency of a government agency or the designee of the director or
				equivalency requesting disclosure of a program participant's address under
				sections 589.669 and
				589.672, RSMo, must -
(A) Provide the following information in
				writing to the secretary:
1. Identification
				of the statute or administrative rule which demonstrates the agency's bona fide
				requirement and authority for the use of the address and mailing address of an
				individual or individuals;
2.
				Identification of the specific program participant whose address is
				requested;
3. Identification of
				the individuals who will have access to the record or records; and
4. An explanation of why the agency cannot
				meet its statutory or administrative obligations by changing its procedures or
				rules; or
Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 30 - Secretary of State › Chapter 70 - Safe at Home: Address Confidentiality Program › Section 15 CSR 30-70.090 - Disclosure to Law Enforcement

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule is being amended to update its
				  contents to align with statutory changes to the Safe at Home laws in
				  2018.
(1) A law enforcement
				agency requesting a program participant's address under section
				589.672, RSMo, must provide the
				request to the secretary. The law enforcement agency must-
(A) Provide the following information in
				writing to the secretary:
1. The reason the
				address is required by that law enforcement officer or agency;
2. Identification of the specific program
				participant whose address is requested;
3. Identification of the individuals who will have
				access to the record;
4. An
				explanation of why the law enforcement agency cannot meet its obligations by
				changing its procedures or rules; and
5. Identification of the requesting individual's
				direct supervisor and contact information for that supervisor; or