§ 23-19-6-8 — Uniformity objective; cooperation with agencies; policies

Indiana § 23-19-6-8

• Jurisdiction: Indiana
• Title 23: BUSINESS AND OTHER ASSOCIATIONS
• Art. 19: INDIANA UNIFORM SECURITIES ACT
• Ch. 6: Administration and Judicial Review

Text

(a) The commissioner shall, in its discretion,
cooperate, coordinate, consult, and, subject to section 7 of this chapter,
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 and
insurance regulator, or a governmental law enforcement agency to
effectuate greater uniformity in securities matters among the federal
government, self-regulatory organizations, states, and foreign
governments.
(b) In cooperating, coordinating, consulting, and sharing records and
information under this section and in acting by rule, order, or waiver
under this article, the commissioner shall, in its discretion, 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.
(3) Minimizing burdens on the business of capital formation,
without adversely affecting essentials of investor protection.
(c) The cooperation, coordination, consultation, and sharing of
records and information authorized by this section includes:
(1) establishing or employing one (1) or more designees as a
central depository for registration and notice filings under this
article and for records required or allowed to be maintained under
this article;
(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 IC 23-19-3 and IC 23-19-4-1
through IC 23-19-4-4 and exemptions under IC 23-19-2-3;
(8) sharing and exchanging records, subject to section 7 of this
chapter;
(9) formulating rules, statements of policy, guidelines, forms, and
interpretive 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,
considered 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.

Legislative History

As added by P.L.27-2007, SEC.23. Amended by P.L.152-2020, SEC.10.