17-12a608. Uniformity and cooperation with other agencies. - Kansas Statutes

17-12a608

Chapter 17.--CORPORATIONS Article 12a.--UNIFORM SECURITIES ACT

      17-12a608.   Uniformity and cooperation with other agencies. (a) Objective of uniformity. The administrator may cooperate, coordinate, consult, and, subject to K.S.A. 17-12a607, and amendments thereto, share records and information with the securities regulator of another state, Canada, a Canadian province or territory, a foreign jurisdiction, the securities and exchange commission, the United States department of justice, the commodity futures trading commission, the federal trade commission, the securities investor protection corporation, a self-regulatory organization, a national or international organization of securities regulators, a federal or state banking or insurance regulator, and a governmental law enforcement or regulatory agency to effectuate greater uniformity in securities matters among the federal government, self-regulatory organizations, states, and foreign governments.

      (b)   Policies to consider. In cooperating, coordinating, consulting, and sharing records and information under this section and in acting by rule, order, or waiver under this act, the administrator, in the administrator's discretion, shall take into consideration in carrying out the public interest the following general policies:

      (1)   Maximizing effectiveness of regulation for the protection of investors;

      (2)   maximizing uniformity in federal and state regulatory standards; and

      (3)   minimizing burdens on the business of capital formation, without adversely affecting essentials of investor protection.

      (c)   Subjects for cooperation. The cooperation, coordination, consultation, and sharing of records and information authorized by this section includes:

      (1)   Establishing or employing one or more designees as a central depository for registration and notice filings under this act and for records required or allowed to be maintained under this act;

      (2)   developing and maintaining uniform forms;

      (3)   conducting a joint examination or investigation;

      (4)   holding a joint administrative hearing;

      (5)   instituting and prosecuting a joint civil or administrative proceeding;

      (6)   sharing and exchanging personnel;

      (7)   coordinating registrations under K.S.A. 17-12a303, 17-12a304[*] and 17-12a401 through 17-12a404, and amendments thereto, and exemptions under K.S.A. 17-12a203, and amendments thereto;

      (8)   sharing and exchanging records, subject to K.S.A. 17-12a607, and amendments thereto;

      (9)   formulating rules, statements of policy, guidelines, forms, and interpretative opinions and releases;

      (10)   formulating common systems and procedures;

      (11)   notifying the public of proposed rules, forms, statements of policy, and guidelines;

      (12)   attending conferences and other meetings among securities regulators, which may include representatives of governmental and private sector organizations involved in capital formation, deemed necessary or appropriate to promote or achieve uniformity; and

      (13)   developing and maintaining a uniform exemption from registration for small issuers, and taking other steps to reduce the burden of raising investment capital by small businesses.

      History:   L. 2004, ch. 154, § 47; July 1, 2005.