551.34(1)(n) (n) Has not complied with the conditions or limitations of a license issued under this chapter.
551.34(2) (2) The enumeration of the causes stated in sub. (1) shall not be exclusive and the division may deny an application or suspend or revoke any license or censure any licensee for any cause whether similar to or different from these causes when necessary or appropriate in the public interest or for the protection of investors.
551.34(3) (3) The division may not institute a suspension or revocation proceeding on the basis of a fact or transaction known to the division when the license was issued unless the proceeding is instituted within 180 days following issuance of the license.
551.34(4) (4) If the public interest or the protection of investors so requires, the division may by order summarily deny or suspend a license or postpone the effective date of a license. Upon the entry of the order, the division shall serve upon all named parties a copy of the order and notify the parties of their right to request a hearing.
551.34(5) (5) If the division finds that any licensee or applicant is no longer in existence or has ceased to do business as a broker-dealer, agent or investment adviser, or is subject to an adjudication of mental incompetence or to the control of a committee, conservator or guardian, or cannot be located after reasonable search, the division may on order issued summarily revoke the license or deny the application.
551.34(6) (6) Withdrawal from the status of a licensed broker-dealer, agent or investment adviser becomes effective 30 days after receipt by the division or by an organization designated by rule of the division under s. 551.32 (1) (a) of an application to withdraw or within such shorter period as the division determines, unless a revocation or suspension proceeding is pending when the application is filed or a proceeding to revoke or suspend or to impose conditions upon the withdrawal is instituted within 30 days after the application is filed. If a proceeding is pending or instituted, withdrawal becomes effective at such time and upon such conditions as the division by order determines. If no proceeding is pending or instituted and withdrawal automatically becomes effective, the division may institute a revocation or suspension proceeding for the grounds specified under sub. (1) (b), (g), (m) or (n) within one year after withdrawal became effective and enter a revocation or suspension order as of the last date on which the license was in effect.
551.34(7) (7) No order may be entered under this section except under sub. (4) or (5) without appropriate prior notice to the applicant or licensee, as well as the employer or prospective employer if the applicant or licensee is an agent. In cases of denial orders written findings of fact and conclusions of law are required only if requested by the applicant.
551.34 History History: 1971 c. 84; 1977 c. 125, 144; 1981 c. 53 ss. 19 to 21, 43; 1981 c. 334 s. 25 (1); 1983 a. 216 ss. 11, 18; 1995 a. 27, 415.
subch. IV of ch. 551 SUBCHAPTER IV
FRAUDULENT PRACTICES
551.41 551.41 Sales and purchases. It is unlawful for any person, in connection with the offer, sale or purchase of any security in this state, directly or indirectly:
551.41(1) (1) To employ any device, scheme or artifice to defraud;
551.41(2) (2) To make any untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading; or
551.41(3) (3) To engage in any act, practice or course of business which operates or would operate as a fraud or deceit upon any person.
551.41 Annotation Intent to defraud is not necessary element under (2). State v. Temby, 108 W (2d) 521, 322 NW (2d) 522 (Ct. App. 1982).
551.41 Annotation Meaning of "sale" discussed. State v. Mattes, 175 W (2d) 572, 499 NW (2d) 711 (Ct. App. 1993).
551.41 Annotation Section 551.41 does not create private right of action. 551.59 (1) contains civil remedy for violation of 551.41 (2), and limitation period in 551.59 (5) applies. Colonial Bank & Trust Co. v. American Bankshares, 478 F Supp. 1186 (1979).
551.41 Annotation See note to 895.01, citing Continental Assur. v. American Bankshares Corp. 483 F Supp. 175 (1980).
551.41 Annotation State was not required to prove that defendant entered into investment contracts with purpose or intent of defrauding investors. Van Duyse v. Israel, 486 F Supp. 1382 (1980).
551.42 551.42 Market manipulation. It is unlawful for any person, directly or indirectly, in this state:
551.42(1) (1) To effect any transaction in a security which involves no change in the beneficial ownership thereof, or to enter any order or orders for the purchase or sale of any security with the knowledge that an order or orders of substantially the same size, at substantially the same time, and at substantially the same price, for the sale or purchase of the security, have been or will be entered by or for the same or affiliated persons, for the purpose of creating a false or misleading appearance of active trading in the security or a false or misleading appearance with respect to the market for the security;
551.42(2) (2) To effect, alone or with one or more other persons, a series of transactions in any security creating actual or apparent active trading in the security or raising or depressing the price of the security, for the purpose of inducing the purchase or sale of the security by others; or
551.42(3) (3) To induce the purchase or sale of any security by the circulation or dissemination of information to the effect that the price of the security will or is likely to rise or fall because of market operations of any one or more persons conducted for the purpose of raising or depressing the price of the security, if he or she is selling or offering to sell or purchasing or offering to purchase the security or is receiving a consideration, directly or indirectly, from any such person.
551.42 History History: 1981 c. 53 s. 43.
551.43 551.43 Broker-dealer activities. It is unlawful for a broker-dealer to effect in this state any transaction in, or to induce the purchase or sale of, any security by means of any manipulative, deceptive or other fraudulent device or contrivance, including any fictitious quotation. The division may by rule define the terms "manipulative, deceptive or other fraudulent device or contrivance".
551.43 History History: 1995 a. 27.
551.44 551.44 Advisory activities. It is unlawful for any person who receives any consideration from another person primarily for advising the other person as to the value of securities or their purchase or sale, whether through the issuance of analyses or reports or otherwise, in this state, to employ any device, scheme or artifice to defraud the other person; or engage in any act, practice or course of business which operates or would operate as a fraud or deceit upon the other person; or take or have custody of any securities or funds of any client unless the adviser is licensed as a broker-dealer under this chapter. The division may adopt rules defining the terms used in this section.
551.44 History History: 1981 c. 53; 1995 a. 27.
subch. V of ch. 551 SUBCHAPTER V