Idaho Code 30-14-608 – Uniformity and Cooperation With Other Agencies
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(a) Objective of uniformity. The administrator shall, in its discretion, cooperate, coordinate, consult, and, subject to section 30-14-607, Idaho Code, 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 or insurance regulator, and a governmental law enforcement or regulatory agency to effectuate greater uniformity in securities matters among the federal government, self-regulatory organizations, states, and foreign governments.
(b) Policies to consider. In cooperating, coordinating, consulting, and sharing records and information under this section and in acting by rule, order, or waiver under this chapter, the administrator shall, in the administrator’s 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; and
(3) Minimizing burdens on the business of capital formation, without adversely affecting essentials of investor protection.
Terms Used In Idaho Code 30-14-608
- Administrator: means the director of the Idaho department of finance or his designee. See Idaho Code 30-14-102
- 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.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Securities and exchange commission: means the United States securities and exchange commission. See Idaho Code 30-14-102
- Self-regulatory organization: means a national securities exchange registered under the securities exchange act of 1934, a national securities association of broker-dealers registered under the securities exchange act of 1934, a clearing agency registered under the securities exchange act of 1934, or the municipal securities rulemaking board established under the securities exchange act of 1934. See Idaho Code 30-14-102
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Idaho Code 30-14-102
(c) Subjects for cooperation. The cooperation, coordination, consultation, and sharing of records and information authorized by this section include:
(1) Establishing or employing one (1) or more designees as a central depository for registration and notice filings under this chapter and for records required or allowed to be maintained under this chapter;
(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 section 30-14-301, Idaho Code, and sections 30-14-401 through 30-14-404, Idaho Code, and exemptions under section 30-14-203, Idaho Code;
(8) Sharing and exchanging records, subject to section 30-14-607, Idaho Code;
(9) Formulating rules, statements of policy, guidelines, forms, and interpretative 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, deemed 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.