§ 11-51-310 — Denial or revocation of exemptions

Colorado § 11-51-310

• Jurisdiction: Colorado
• Title 11: Financial
• Art.: Securities

Text

(1) (a) The securities
commissioner may, by order, deny or revoke the exemption specified in section 11-51-307 (1)(g) with respect to a specific security or transaction if the securities
commissioner finds that such order is necessary in the public interest and for the
protection of investors.

(b) The securities commissioner may, by summary order under section 11-51-606 (3)(b), summarily suspend the exemption specified in section 11-51-307 (1)(g) as
to a specific security or issuer pending final determination of any proceeding under
this subsection (1).

(2) The securities commissioner may, by rule or order, deny or revoke any
exemption specified in section 11-51-308 (1)(i), (1)(j), and (1)(p) with respect to a
specific security, transaction, issuer, or class of persons if the issuer, any of its
predecessors, or any of the issuer's directors, officers, general partners, beneficial
owners of ten percent or more of any class of its equity securities, or any of its
promoters then presently connected with the issuer in any capacity has been
convicted within ten years of any felony in connection with the purchase or sale of
any security. Such ten years shall be any ten years prior to any offer or sale of a
security for which such exemption would otherwise be available.

(3) No order under subsection (1) or (2) of this section may operate
retroactively. No person may be considered to have violated section 11-51-301 or 11-51-305 by reason of any offer or sale effected after the entry of an order under
subsection (1) or (2) of this section if that person sustains the burden of proof that
the person did not know, and in the exercise of reasonable care could not have
known, of the order.

Legislative History

Source: L. 90: Entire article R&RE, p. 720, � 1, effective July 1. L. 94: (1)(b) amended, p. 1839, � 3, effective July 1.