551.412
551.412
Denial, revocation, suspension, censure, withdrawal, restriction, condition, or limitation of registration. 551.412(1)(1)
Disciplinary conditions — applicants. If the administrator finds that the order is in the public interest and
sub. (4) authorizes the action, an order issued under this chapter may deny an application, or may condition or limit registration of an applicant, to be a broker-dealer, agent, investment adviser, or investment adviser representative and, if the applicant is a broker-dealer or investment adviser, of a partner, officer, director, person having a similar status or performing similar functions, or person directly or indirectly in control of the broker-dealer or investment adviser.
551.412(2)
(2) Disciplinary conditions — registrants. If the administrator finds that the order is in the public interest and
sub. (4) authorizes the action, an order issued under this chapter may revoke, suspend, censure, condition, or limit the registration of a registrant and, if the registrant is a broker-dealer or investment adviser, of a partner, officer, director, person having a similar status or performing similar functions, or person directly or indirectly in control of the broker-dealer or investment adviser. However, the administrator may not do any of the following:
551.412(2)(a)
(a) Institute a revocation or suspension proceeding under this subsection based on an order issued under a law of another state that is reported to the administrator or a designee of the administrator more than one year after the date of the order on which it is based.
551.412(2)(b)
(b) Under
sub. (4) (e) 1. or
2., issue an order on the basis of an order issued under the securities act of another state unless the other order was based on conduct for which
sub. (4) would authorize the action had the conduct occurred in this state.
551.412(3)
(3) Disciplinary penalties — registrants. If the administrator finds that the order is in the public interest and
sub. (4) (a) to
(f),
(h),
(i),
(j),
(L),
(m), or
(o) to
(r) authorizes the action, an order under this chapter may censure, impose a bar, or impose a civil penalty in an amount not to exceed a maximum of $10,000 for a single violation or $100,000 for more than one violation, or in such amount as agreed to by the parties, on a registrant and, if the registrant is a broker-dealer or investment adviser, a partner, officer, director, person having a similar status or performing similar functions, or person directly or indirectly in control of the broker-dealer or investment adviser.
551.412(4)
(4) Grounds for discipline. A person may be disciplined under
subs. (1) to
(3) if the person:
551.412(4)(a)
(a) Has filed an application for registration in this state under this chapter or the predecessor act within the previous 10 years, which, as of the effective date of registration or as of any date after filing in the case of an order denying effectiveness, was incomplete in any material respect or contained a statement that, in light of the circumstances under which it was made, was false or misleading with respect to a material fact.
551.412(4)(b)
(b) Willfully violated or willfully failed to comply with this chapter or the predecessor act or a rule adopted or order issued under this chapter or the predecessor act within the previous 10 years.
551.412(4)(c)
(c) Has been convicted of a felony or within the previous 10 years has been convicted of a misdemeanor involving a security, a commodity future or option contract, or an aspect of a business involving securities, commodities, investments, franchises, insurance, banking, or finance.
551.412(4)(d)
(d) Is enjoined or restrained by a court of competent jurisdiction in an action instituted by the administrator under this chapter or the predecessor act, a state, the Securities and Exchange Commission, or the United States from engaging in or continuing an act, practice, or course of business involving an aspect of a business involving securities, commodities, investments, franchises, insurance, banking, or finance.
551.412(4)(e)
(e) Is the subject of an order, issued after notice and opportunity for hearing, by any of the following:
551.412(4)(e)1.
1. The securities or other financial services regulator of a state or the Securities and Exchange Commission or other federal agency denying, revoking, barring, or suspending registration as a broker-dealer, agent, investment adviser, federal covered investment adviser, or investment adviser representative.
551.412(4)(e)2.
2. The securities regulator of a state or the Securities and Exchange Commission against a broker-dealer, agent, investment adviser, investment adviser representative, or federal covered investment adviser.
551.412(4)(e)3.
3. The Securities and Exchange Commission or a self-regulatory organization suspending or expelling the registrant from membership in the self-regulatory organization.
551.412(4)(e)4.
4. A court adjudicating a United States Postal Service fraud order.
551.412(4)(e)5.
5. The insurance regulator of a state denying, suspending, or revoking registration as an insurance agent.
551.412(4)(e)6.
6. A depository institution or financial services regulator suspending or barring the person from the depository institution or other financial services business.
551.412(4)(f)
(f) Is the subject of an adjudication or determination, after notice and opportunity for hearing, by the Securities and Exchange Commission; the Commodity Futures Trading Commission; the Federal Trade Commission; a federal depository institution regulator, or a depository institution, insurance, or other financial services regulator of a state that the person willfully violated the Securities Act of 1933, the Securities Exchange Act of 1934, the Investment Advisers Act of 1940, the Investment Company Act of 1940, or the Commodity Exchange Act, the securities or commodities law of a state, or a federal or state law under which a business involving investments, franchises, insurance, banking, or finance is regulated.
551.412(4)(g)
(g) Is insolvent, either because the person's liabilities exceed the person's assets or because the person cannot meet the person's obligations as they mature, but the administrator may not enter an order against an applicant or registrant under this paragraph without a finding of insolvency as to the applicant or registrant.
551.412(4)(h)
(h) Refuses to allow or otherwise impedes the administrator from conducting an audit or inspection under
s. 551.411 (4) or refuses access to a registrant's office to conduct an audit or inspection under
s. 551.411 (4).
551.412(4)(i)
(i) Has failed to reasonably supervise an agent, investment adviser representative, or other individual, if the agent, investment adviser representative, or other individual was subject to the person's supervision and committed a violation of this chapter or the predecessor act or a rule adopted or order issued under this chapter or the predecessor act within the previous 10 years.
551.412(4)(j)
(j) Has not paid the proper filing fee within 30 days after having been notified by the administrator of a deficiency, but the administrator shall vacate an order under this paragraph when the deficiency is corrected.
551.412(4)(k)
(k) After notice and opportunity for a hearing, has been found within the previous 10 years:
551.412(4)(k)1.
1. By a court of competent jurisdiction to have willfully violated the laws of a foreign jurisdiction under which the business of securities, commodities, investment, franchises, insurance, banking, or finance is regulated.
551.412(4)(k)2.
2. To have been the subject of an order of a securities regulator of a foreign jurisdiction denying, revoking, or suspending the right to engage in the business of securities as a broker-dealer, agent, investment adviser, investment adviser representative, or similar person.
551.412(4)(k)3.
3. To have been suspended or expelled from membership by or participation in a securities exchange or securities association operating under the securities laws of a foreign jurisdiction.
551.412(4)(L)
(L) Is the subject of a cease and desist order issued by the Securities and Exchange Commission or issued under the securities, commodities, investment, franchise, banking, finance, or insurance laws of a state.
551.412(4)(m)
(m) Has engaged in dishonest or unethical practices in the securities, commodities, investment, franchise, banking, finance, or insurance business within the previous 10 years.