§ 25235. — 25235. (Added by Stats. 1968, Ch. 88.)

It is unlawful for any investment adviser, directly or indirectly, in this state:
(a)
To employ any device, scheme, or artifice to defraud any client or prospective client.
(b)
To engage in any transaction, practice, or course of business which operates or would operate as a fraud or deceit upon any client or prospective client.
(c)
Acting as principal for his own account, knowingly to sell any security to or purchase any security from a client for whom he is acting as investment adviser, or, acting as broker for a person other than such client, knowingly to effect any sale or purchase of any security for the account of such client, without disclosing to such client in writing before the completion of the transaction the capacity in which he is acting and obtaining the written consent of the client to such transaction.
(d)
To engage in any act, practice, or course of business which is fraudulent, deceptive, or manipulative. The commissioner shall, for the purpose of this subdivision, by rule define and prescribe means reasonably designed to prevent such acts, practices, and courses of business as are fraudulent, deceptive, or manipulative.
(e)
To represent that he is an investment counsel or to use the name “investment counsel” as descriptive of his business unless his principal business consists of acting as investment adviser and a substantial part of his business consists of rendering investment advisory services on the basis of the individual needs of his clients.

Legislative History

Added by Stats. 1968, Ch. 88.