§ 46-471 — Definitions

In this article, unless the context otherwise requires:

1. "Broker-dealer" has the same meaning as dealer prescribed in section 44-1801.

2. "Eligible adult" means either of the following:

(a) A person who is sixty-five years of age or older.

(b) A person who is a vulnerable adult.

3. "Financial exploitation" means either of the following:

(a) The wrongful or unauthorized taking, withholding, appropriating or use of money, assets or property of an eligible adult.

(b) Any act or omission taken by a person, including through the use of a power of attorney, guardianship or conservatorship of an eligible adult, to either:

(i) Obtain control through deception, intimidation or undue influence over the eligible adult's money, assets or property to deprive the eligible adult of the ownership, use, benefit or possession of the eligible adult's money, assets or property.

(ii) Convert money, assets or property of the eligible adult to deprive the eligible adult of the ownership, use, benefit or possession of the eligible adult's money, assets or property.

4. "Investment adviser" means a person who is licensed or exempt from licensure as an investment advisor pursuant to title 44, chapter 13.

5. "Investment adviser representative" means a person who is licensed or exempt from licensure as an investment advisor representative pursuant to title 44, chapter 13.

6. "Qualified individual" means a broker-dealer, investment adviser or person who serves in a supervisory, compliance, legal or senior investor protection capacity for a broker-dealer or investment adviser.