| §16502.__Prohibited conduct in providing investment advice |
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| | 1.__Fraud in providing investment advice.__It is unlawful for | a person that advises others for compensation, either directly or | indirectly or through publications or writings, as to the value | of securities or the advisability of investing in, purchasing or | selling securities or that, for compensation and as part of a | regular business, issues or promulgates analyses or reports | relating to securities: |
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| A.__To employ a device, scheme or artifice to defraud | another person; or |
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| B.__To engage in an act, practice or course of business that | operates or would operate as a fraud or deceit upon another | person. |
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| | 2.__Rules defining fraud.__A rule adopted under this chapter | may define an act, practice or course of business of a person | described in subsection 1 as fraudulent, deceptive or | manipulative and prescribe means reasonably designed to prevent | investment advisers and investment adviser representatives from | engaging in acts, practices and courses of business defined as | fraudulent, deceptive or manipulative. |
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| | 3.__Rules specifying contents of advisory contract.__A rule | adopted under this chapter may specify the contents of an | investment advisory contract entered into, extended or renewed by | an investment adviser. |
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| | 4.__ Rulemaking.__Rules adopted pursuant to this section are | routine technical rules as defined in Title 5, chapter 375, | subchapter 2-A. |
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| | Prior Provisions: 1956 Act Section 102(a); RUSA Section 503. |
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| | 1. Section 502(a) applies to any person that commits fraud in | providing investment advice. Section 502(b) is not limited to | persons registered as investment advisers or investment adviser | representatives. |
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| | 2. A person can violate both Section 501 and Section 502 if | the person violates Section 502 in connection with the offer, | purchase, or sale of a security. |
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| | 3. The rulemaking authority under Sections 502(b) and (c) | would provide the basis for existing NASAA rules concerning |
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