551.605(2)
(2) Investor education. All moneys collected from the administrative assessment under
sub. (1) shall be credited to the appropriation under
s. 20.144 (1) (i). Subject to
s. 20.144 (1) (i), the division shall use moneys credited to that appropriation to provide information to residents of this state about investments in securities to help investors and potential investors evaluate their investment decisions, protect themselves from unfair, inequitable or fraudulent offerings, choose their broker-dealers, agents or investment advisers more carefully, be alert for false or misleading advertising or other harmful practices, and know their rights as investors.
551.605 History
History: 1987 a. 381;
1995 a. 27.
551.61
551.61
Hearings and judicial review. 551.61(1)
(1) No order, other than an order issued summarily subject to
sub. (2), may be entered by the division under
s. 551.24,
551.28,
551.34 or
551.53 (2) without appropriate prior notice to all interested parties, opportunity for a hearing and, except as provided by
s. 551.34 (7), written findings of fact and conclusions of law.
551.61(2)
(2) Within 30 days after the division has issued an order summarily, an interested party may file a written request with the division for a hearing in respect to any matters determined by the order, except a party may file a request for a hearing regarding an order issued under
s. 551.60 (3) at any time. Within 10 days after an interested person files a written request with the division for a hearing, the matter shall be noticed for hearing, and a hearing shall be held within 60 days after notice, unless extended by the division for good cause. During the pendency of any hearing requested under this subsection, the order issued summarily shall remain in effect unless vacated or modified by the division.
551.61(3)
(3) After a hearing, the division may issue a final order as appropriate. The final order may affirm, vacate or modify an order issued summarily in effect during the pendency of the hearing as appropriate, or may include such other sanctions as are provided for under
s. 551.24,
551.28 or
551.34. An order issued summarily against a party becomes a final order if the party fails to request a hearing under
sub. (2) or if the party defaults after requesting a hearing.
551.61(4)
(4) Hearings and rehearings shall be public.
551.61(5)
(5) Orders of the division are subject to judicial review under
ch. 227 but orders originally entered without a hearing may be reviewed only if the party seeking review has requested a hearing within the time provided by
sub. (2).
551.62
551.62
Stay of proceedings. 551.62(1)(1) No permanent or temporary injunction, stay, restraining order or other order shall issue in any proceeding under
s. 551.56 or
551.61 suspending or staying any order of the division, except upon application to the circuit court of the appropriate county, notice of which shall be given to the division and other parties to the proceeding, and except after opportunity for hearing thereon. No permanent or temporary injunction, stay, restraining order or other order shall issue in any other proceeding or action, in any court, which shall have the effect of delaying or preventing any such order from becoming effective, unless the parties to the proceeding before the division are also parties to the court proceeding or action, and except after notice and opportunity for hearing thereon.
551.62(2)
(2) No permanent or temporary injunction, stay, restraining order or other order shall issue in any proceeding under
s. 551.56 or
551.61 or in any other proceeding or action, in any court, suspending or staying any order of the division or having the effect of delaying or preventing any such order from becoming effective, unless an undertaking is entered into on the part of the petitioner or plaintiff, with a surety and in the sum the court or the presiding judge thereof directs or approves to the effect that the petitioner or plaintiff will pay all damages which any party sustains by the suspension or stay of the order or the delay or prevention of the order from becoming effective, and to such other effect as the court or judge directs, and no order or judgment in any proceeding or action shall be stayed on appeal therefrom unless a like undertaking is entered into by the petitioner or plaintiff in addition to the undertaking under
s. 808.07.
551.62 History
History: 1971 c. 84; Sup. Ct. Order, 67 W (2d) 585, 776 (1975);
1977 c. 187 s.
135;
1983 a. 216;
1995 a. 27.
551.63
551.63
Rules, forms and orders. 551.63(1)
(1) The division may make, amend and rescind any rules, forms and orders that are necessary to carry out this chapter, including rules and forms governing registration statements, notice filings, applications and reports, and defining any terms, whether or not used in this chapter, insofar as the definitions are not inconsistent with this chapter or federal statutes or regulations. For the purpose of rules and forms, the division may classify securities, persons and matters within the division's jurisdiction, and prescribe different requirements for different classes. Rules shall be made and published in accordance with
ch. 227.
551.63(2)
(2) No rule, form or order may be made, amended or rescinded unless the division finds that the action is necessary or appropriate in the public interest and for the protection of investors. In prescribing rules and forms the division may cooperate with the securities administrators of other states and the securities and exchange commission with a view to achieving maximum uniformity in the form and content of registration statements, notice filings, applications and reports wherever practicable.
551.63(3)
(3) Subject to section 15 of the Securities Exchange Act of 1934 and section 222 of the Investment Advisers Act of 1940, the division may by rule or order prescribe the form and content of financial statements required under this chapter, the circumstances under which consolidated financial statements shall be filed, and whether any required financial statements shall be certified by independent or certified public accountants. All financial statements shall be prepared in accordance with generally accepted accounting practices unless otherwise permitted by rule or order.
551.63(4)
(4) No provision of this chapter imposing any liability applies to any act done or omitted in good faith in conformity with any rule, form or order of the division, notwithstanding that the rule, form or order may later be amended or rescinded or be determined to be invalid for any reason.
551.63 History
History: 1981 c. 53 s.
43;
1995 a. 27;
1997 a. 316.
551.64
551.64
Administrative files and opinions. 551.64(1)
(1) A document is filed when it is received by the division or, if authorized under
s. 551.32 (1) (a), an organization designated by the division.
551.64(2)
(2) The division shall keep a register of all licenses, notice filings and registration statements which are or have ever been effective under this chapter and predecessor laws and all denial, suspension and revocation orders which have been entered under this chapter and predecessor laws. The register shall be open for public inspection.
551.64(3)
(3) The information contained in or filed with any registration statement, notice filing, application or report shall be made available to the public in accordance with rules adopted by the division.
551.64(4)
(4) The division upon request shall furnish to any person at a reasonable charge photostatic or other copies, certified by the division if certification is requested, of any entry in the register or any order or other document on file with the division. Any copy so certified is admissible in evidence under
s. 889.18.
551.64(5)
(5) The division may honor requests from interested persons for interpretative opinions.
551.64 History
History: 1981 c. 53 ss.
40,
43;
1995 a. 27;
1997 a. 316.
551.65
551.65
Service of process. 551.65(1)(1) Every applicant for license or registration under this chapter, every person filing a [notice] filing under this chapter and every issuer which proposes to offer a security in this state through any person acting as agent shall file with the division or, if applying for a license, with the organization designated by the division under
s. 551.32 (1) (a), an irrevocable consent appointing the division to be his or her attorney to receive service of any lawful process in any noncriminal suit, action or proceeding against him or her or a successor, executor or administrator which arises under this chapter or any rule or order under this chapter after the consent has been filed, with the same validity as if served personally on the person filing the consent. The consent shall be in the form the division by rule prescribes. The consent need not be filed by a person who has filed a consent in connection with a previous registration or notice filing or license which is then in effect. Service may be made by leaving a copy of the process at the office of the division, but it is not effective unless the plaintiff, who may be the division in a suit, action or proceeding instituted by the division, promptly sends notice of the service and a copy of the process by registered or certified mail to the defendant or respondent at the person's last address on file with the division, and the plaintiff's affidavit of compliance with this subsection is filed in the case on or before the return day of the process, or within such time as the court allows.
551.65 Note
NOTE: The bracketed "notice" was inserted after "filing" by
1997 Wis. Act 316, but is shown here in the correct location. Corrective legislation is pending.
551.65(2)
(2) When any person, including any nonresident of this state, engages in conduct prohibited or made actionable by this chapter or any rule or order under this chapter, and the person has not filed a consent to service of process under
sub. (1) and personal jurisdiction over the person cannot otherwise be obtained in this state, that conduct shall be considered equivalent to the person's appointment of the division to be his or her attorney to receive service of any lawful process in any noncriminal suit, action or proceeding against the person or the person's successor, executor or administrator which arises out of that conduct and which is brought under this chapter or any rule or order under this chapter, with the same validity as if served on him or her personally. Service may be made by leaving a copy of the process at the office of the division, but it is not effective unless the plaintiff, who may be the division in a suit, action or proceeding instituted by the division, promptly sends notice of the service and a copy of the process by registered or certified mail to the defendant or respondent at the person's last-known address or takes other steps which are reasonably calculated to give actual notice; and the plaintiff's affidavit of compliance with this subsection is filed in the case on or before the return day of the process or within such time as the court allows.
551.65(3)
(3) When process is served under this section the court, or the division in a proceeding before the division, shall order such continuance as is necessary to afford the defendant or respondent reasonable opportunity to defend.
551.65 History
History: 1981 c. 53 ss.
41,
43;
1995 a. 27;
1997 a. 316.
551.66
551.66
Scope of chapter. 551.66(1)(1) The provisions of this chapter concerning sales and offers to sell apply when a sale or offer to sell is made in this state or when an offer to purchase is made and accepted in this state. The provisions concerning purchases and offers to purchase apply when a purchase or offer to purchase is made in this state or an offer to sell is made and accepted in this state.
551.66(2)
(2) For the purpose of this section, an offer to sell or to purchase is made in this state, whether or not either party is then present in this state, when the offer originates from this state or is directed by the offeror to this state and received by the offeree in this state, but for the purpose of
s. 551.21, an offer to sell which is not directed to or received by the offeree in this state is not made in this state.
551.66(3)
(3) For the purpose of this section, an offer to purchase or to sell is accepted in this state when acceptance is communicated to the offeror in this state, and has not previously been communicated to the offeror, orally or in writing, outside this state; and acceptance is communicated to the offeror in this state, whether or not either party is then present in this state, when the offeree directs it to the offeror in this state reasonably believing the offeror to be in this state and it is received by the offeror in this state.
551.66(4)
(4) An offer to sell or to purchase is not made in this state when the publisher circulates or there is circulated on the publisher's behalf in this state any bona fide newspaper or other publication of general, regular and paid circulation which is not published in this state, or a radio or television program originating outside this state is received in this state.
551.66 History
History: 1971 c. 84;
1981 c. 53.
551.66 Annotation
This section focuses on locus of certain actions, regardless of either party's presence. Feitler v. Midas Associates, 418 F Supp. 735.
551.67
551.67
Statutory policy. This chapter shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact the "Uniform Securities Act" and to coordinate the interpretation and administration of this chapter with related federal regulation.
