(1) 

Terms Used In Utah Code 61-1-19

  • Commission: means the Securities Commission created in Section 61-1-18. See Utah Code 61-1-13
  • Division: means the Division of Securities established by Section 61-1-18. See Utah Code 61-1-13
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Oath: includes "affirmation. See Utah Code 68-3-12.5
  • Oath: A promise to tell the truth.
  • Person: means :
(i) an individual;
(ii) a corporation;
(iii) a partnership;
(iv) a limited liability company;
(v) an association;
(vi) a joint-stock company;
(vii) a joint venture;
(viii) a trust where the interests of the beneficiaries are evidenced by a security;
(ix) an unincorporated organization;
(x) a government; or
(xi) a political subdivision of a government. See Utah Code 61-1-13
  • State: means a state, territory, or possession of the United States, the District of Columbia, and Puerto Rico. See Utah Code 61-1-13
  • Writing: includes :Utah Code 68-3-12.5
  • (a)  The division may make any public or private investigations within or without this state as the division considers necessary to determine whether a person has violated, is violating, or is about to violate this chapter or a rule or order issued under this chapter.

    (b)  To aid in the enforcement of this chapter or in the prescribing of rules and forms issued under this chapter, the division may require or permit a person to file a statement in writing, under oath or otherwise as to all the facts and circumstances concerning the matter to be investigated.

    (c)  The division may publish information concerning a violation of this chapter or the violation of a rule or order issued under this chapter.

    (2)  For the purpose of an investigation or proceeding under this chapter, the division, the commission, or an employee designated by the division may:

    (a)  administer an oath or affirmation;

    (b)  subpoena a witness and compel the attendance of the witness;

    (c)  take evidence; and

    (d)  require the production of any books, papers, correspondence, memoranda, agreements, or other documents or records relevant or material to the investigation.

    Amended by Chapter 351, 2009 General Session