A. A broker-dealer or investment adviser shall provide access to or copies of records that are relevant to the suspected or attempted financial exploitation of an eligible adult to adult protective services and law enforcement, either as part of a referral to adult protective services or law enforcement, or on request of adult protective services or law enforcement pursuant to an investigation. The records may include historical records and records relating to the most recent transaction or transactions that may comprise financial exploitation of an eligible adult. All records made available to adult protective services or law enforcement under this section are not public records and are not subject to Title 39, Chapter 1, Article 2.

Terms Used In Arizona Laws 46-474

  • Adult: means a person who has attained eighteen years of age. See Arizona Laws 1-215
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Eligible adult: means either of the following:

    (a) A person who is sixty-five years of age or older. See Arizona Laws 46-471

  • Exploitation: means the illegal or improper use of a vulnerable adult or the vulnerable adult's resources for another's profit or advantage. See Arizona Laws 46-451
  • 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. See Arizona Laws 46-471

  • Investment adviser: means a person who is licensed or exempt from licensure as an investment advisor pursuant to Title 44, Chapter 13. See Arizona Laws 46-471
  • Protective services: means a program of identifiable and specialized social services that may offer social services appropriate to resolve problems of abuse, exploitation or neglect of a vulnerable adult. See Arizona Laws 46-451
  • Services: includes social casework, rehabilitation counseling and similar services rendered to a person or persons in need as provided for in this title. See Arizona Laws 46-101

B. This section does not limit or otherwise impede the authority of the corporation commission to access or examine the books and records of broker-dealers and investment advisers as otherwise provided by law.

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