Utah Code 61-1-24. Rules, forms, and orders
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(1)
Terms Used In Utah Code 61-1-24
- Commission: means the Securities Commission created in Section Utah Code 61-1-13
- Division: means the Division of Securities established by Section 61-1-18. See Utah Code 61-1-13
- 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.
(1)(a) Subject to Subsection (1)(c) , the division may make, amend, or rescind a rule, form, or order when necessary to carry out this chapter.
(1)(b) For the purpose of a rule or form, the division may:
(1)(b)(i) classify securities, persons, and matters within the jurisdiction of the commission or division; and
(1)(b)(ii) prescribe different requirements for different classes.
(1)(c) The division shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act , except that the division may not make, amend, or rescind a rule or form under this chapter without the concurrence of the commission.
(1)(d) In prescribing a rule or form, the division may cooperate with the securities administrators of the other states and the Securities and Exchange Commission to achieve maximum uniformity in the form and content of registration statements, applications, and reports wherever practicable.
(2)
(2)(a) The division may prescribe:
(2)(a)(i) the form and content of a financial statement required under this chapter;
(2)(a)(ii) the circumstances under which a consolidated financial statement shall be filed; and
(2)(a)(iii) whether or not a required financial statement shall be certified by an independent public accountant.
(2)(b) A financial statement under this chapter shall be prepared in accordance with generally accepted accounting principles.
(3) A provision of this chapter that imposes liability does not apply to an act done or omitted in good faith in conformity with a rule, form, or order of the division or an order of the commission, notwithstanding that the rule, form, or order may later be amended or rescinded or be determined by judicial or other authority to be invalid for any reason.