§ 11-59-109 — Denial, suspension, or revocation of registration

(1) The
securities commissioner may issue a stop order denying effectiveness to, or
suspending or revoking the effectiveness of, any application for registration, if the
securities commissioner finds that the order is in the public interest and any one of
the following grounds exists:

(a) The application for registration as of its effective date, or as of any earlier
date in the case of an order denying effectiveness, or any amendment to such
application as of its effective date contains any false or misleading statement in
violation of section 11-59-112;

(b) Any provision of this article or any rule, order, or condition imposed under
this article has been violated in connection with this offering by the district, or its
agents, servants, or employees, or any person occupying a similar status or
performing similar functions, or any person directly or indirectly controlled by the
district, or any underwriter;

(c) The security registered or sought to be registered is the subject of a
permanent or temporary injunction of any court of competent jurisdiction entered
under any other federal or state law applicable to the offering; or

(d) The terms of the offering are substantially inconsistent with the
standards, guidelines, and criteria the securities commissioner promulgates by rule
to effectuate the purposes of this article, including, but not limited to:

(I) Guidelines for amounts of capitalized interest in connection with the total
bond proceeds of the district. In no case shall the use of capitalized interest for
bond payments for more than three years be permitted.

(II) Appraisal requirements for land in the district;

(III) Procedures for the appointment of a trustee, if necessary, to represent
the bondholders of a district;

(IV) Guidelines and criteria for indentures of trust and the contents thereof
included in bonds of a district;

(V) Procedures for the review of general obligation bonds for parity with
other existing bonds of a district;

(VI) Standards for disclosure to bondholders in the official statement on the
bonds of a district;

(VII) Guidelines and criteria for appropriate bidding, competitive
arrangements, and contracts, in connection with the issuance of bonds of a district;

(VIII) Standards for the review of bidding, competitive arrangements, and
contracts for conflict of interest;

(IX) Standards for underwriter fees in connection with the issuance of the
bonds; and

(X) Requirements that adequate, prompt, and effective remedies be
available to bondholders in the bond resolution in the event of default in the
payment of bonds issued pursuant to an application for registration declared
effective by the securities commissioner or in the event of failure of the district to
abide by its covenants as contained in the bond resolution or ordinance or to abide
by the rules promulgated by the securities commissioner under this article or any
applicable law.

(2) The securities commissioner may, by emergency order, summarily
postpone or suspend the effectiveness of an application for registration pending
final determination of any proceeding under this section.

(3) No stop order shall be entered under this section, except under
subsection (2) of this section, without the provision to the district of an appropriate
prior notice, an opportunity for a hearing, and written findings of fact and
conclusions of law.

(4) The securities commissioner may vacate or modify a stop order if the
securities commissioner finds that the conditions which prompted its entry have
changed or that it is otherwise in the public interest to do so.

Legislative History

Source: L. 91: Entire article added, p. 2413, � 1, effective January 1, 1992.