Ask Reggi Your Question Now
Can you summarize ORAR 441-135?
Department of Consumer and Business Services, Finance and Securities Regulation > FRAUD AND DECEIT WITH RESPECT TO SECURITIES OR SECURITIES BUSINESS
Short Summary
The provided legal document, governed by the Oregon Administrative Rules, addresses the issue of fraud and deceit in relation to securities or securities business. It prohibits the use of false or misleading certifications or professional designations in connection with the offer, sale, or purchase of securities, or the provision of advice related to securities. The rule covers activities such as using certifications or designations that have not been earned, using nonexistent or self-conferred certifications, or using certifications that falsely imply specialized knowledge. It also outlines criteria for disqualifying designating or certifying organizations and provides a rebuttable presumption for certain accredited organizations. The rule specifies factors to consider in determining whether a combination of words constitutes a false certification or professional designation. Certain exemptions apply, including job titles within licensed organizations, completion of accredited academic programs, and recognized certifications for licensing examination waivers. Violation of the rule is subject to penalties and does not limit the director’s authority to enforce existing provisions of law and apply existing remedies.
Whom does it apply to?
Individuals or entities involved in the offer, sale, or purchase of securities, or the provision of advice related to securities
What does it govern?
Use of false or misleading certifications or professional designations in connection with the offer, sale, or purchase of securities, or the provision of advice related to securities
What are exemptions?
Job titles within licensed organizations, completion of accredited academic programs, recognized certifications for licensing examination waivers
What are the Penalties?
Violation of the rule is subject to penalties
Jurisdiction
Oregon