AB150-engrossed,2259,417
551.59
(6) (a) No purchaser may commence an action under this section if,
18before suit is commenced, the purchaser has received a written offer stating the
19respect in which liability under this section may have arisen and fairly advising the
20purchaser of his or her rights; offering to repurchase the security for cash payable
21on delivery of the security equal to the consideration paid, together with interest at
22the legal rate under s. 138.04 from the date of payment, less the amount of any
23income received thereon or, if the purchaser no longer owns the security, offering to
24pay the purchaser upon acceptance of the offer an amount in cash equal to the
25damages computed in accordance with sub. (1); and stating that the offer may be
1accepted by the purchaser at any time within a specified period of not less than 30
2days after the date of receipt thereof or such shorter period as the
commissioner 3division may by rule prescribe; and the purchaser has failed to accept such offer in
4writing within the specified period.
AB150-engrossed,2259,116
551.59
(6) (c) Offers shall be in the form and contain the information the
7commissioner division by rule prescribes. Every offer under this subsection shall be
8delivered to the offeree or sent by certified mail addressed to the offeree at the
9offeree's last-known address. If an offer is not performed in accordance with its
10terms, suit by the offeree under this section shall be permitted without regard to this
11subsection.
AB150-engrossed,2259,13
13551.60 (title)
Miscellaneous powers of commissioner.
AB150-engrossed,2259,1915
551.60
(1) The
commissioner division may by rule or order require any issuer
16of securities registered or exempted by order of the
commissioner division under this
17chapter or predecessor laws to file with the
commissioner division and distribute to
18its security holders in this state at least annually specified financial or other
19information concerning the issuer.
AB150-engrossed,2259,2521
551.60
(2) (a) If the
commissioner
division has reason to believe that any offer
22or sale of an unregistered security is, has been or would be unfair, inequitable or
23fraudulent to offerees or purchasers, the
commissioner
division may by order
24summarily prohibit further offers or sales of such security in this state until it is
25registered under this chapter.
AB150-engrossed,2260,62
551.60
(2) (b) If the
commissioner
division has reason to believe that any
3security is being or has been offered or sold in this state by any unlicensed person in
4violation of this chapter or any rule or order hereunder, the
commissioner division 5may by order summarily prohibit such person from further offers or sales of
6securities in this state until licensed under this chapter.
AB150-engrossed,2260,138
551.60
(2) (c) If the
commissioner
division has reason to believe that any
9unlicensed person is transacting or has transacted business in this state as an
10investment adviser in violation of this chapter or any rule or order promulgated
11under this chapter, the
commissioner division may by order summarily prohibit such
12person from further engaging in such activity in this state until licensed under this
13chapter.
AB150-engrossed,2261,515
551.60
(3) If the public interest and the protection of investors so require, the
16commissioner division may by order summarily suspend all trading in this state by
17broker-dealers and agents in any security for any period specified. No broker-dealer
18or agent may effect any transaction in, or induce or attempt to induce the purchase
19or sale of, any security in this state in which trading is so suspended, except in
20performance of a contract previously entered into. At any time after the issuance of
21an order under this subsection, any interested person may in writing request that
22the suspension of trading be vacated. Upon the receipt of a written request, the
23matter shall be noticed for hearing and a hearing shall be held in the manner
24provided in s. 551.61 (2). After the hearing, the
commissioner division may order the
25suspension to be continued until modified or vacated by further order upon a finding
1that trading in the security will be unfair or inequitable or will tend to work a fraud
2upon the purchasers or sellers of the security. Otherwise, the
commissioner division 3shall vacate the suspension of trading and no further order may be entered under
4this subsection with respect to the same security in the absence of changed
5circumstances justifying an order.
AB150-engrossed,2261,157
551.60
(4) Every corporation, partnership or association having its principal
8office in this state or whose securities have been registered under this chapter or
9predecessor laws shall, within 20 days after receipt of written request from the
10commissioner division made in connection with any investigation under s. 551.56 (1),
11furnish the
commissioner division with a list of all or part of its security holders as
12the
commissioner division requests, showing the amount of securities held by each
13security holder and the date of issuance of such securities and information
14reasonably related thereto, signed by the president, secretary or partner of the issuer
15or a person occupying a similar status or performing similar functions.
AB150-engrossed,2261,1817
551.60
(5) The
commissioner division may take such action as is authorized
18under
7 USC 13a-2, as amended.
AB150-engrossed,2261,2420
551.605
(1) (a) (intro.) The
commissioner division or any officer designated by
21the
commissioner division may impose an administrative assessment in the amount
22provided in par. (b) on any person who is subject to an order that is issued under s.
23551.24, 551.28, 551.34, 551.53, 551.60 or 551.63 (1) and (2) in any of the following
24circumstances:
AB150-engrossed,2262,3
1551.605
(1) (a) 1. Following a hearing under s. 551.61 if the notice delivered to
2all interested parties includes notice of the
commissioner's division's authority to
3impose an administrative assessment under this subsection.
AB150-engrossed,2262,75
551.605
(1) (c) The
commissioner
division shall include any administrative
6assessment imposed under this subsection in the order issued under any of the
7sections referred to in par. (a) in the manner described in par. (a) 1. or 2.
AB150-engrossed,2262,129
551.605
(1) (d) Upon the request of the
commissioner division, the department
10of justice may bring a civil action in the circuit court for Dane county to compel
11payment of any unpaid administrative assessment, unless payment of the
12administrative assessment is stayed under s. 227.54.