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jurisdiction, Canadian province or territory or such other agencies administer

ing this chapter, the Commodity Futures Trading Commission, the Securities

and Exchange Commission, any self-regulatory organization established under

the Commodity Exchange Act

or the Securities Exchange Act of 1934, any

national or international organization of commodities or securities officials or

agencies, and any governmental law enforcement agency.

(b) The cooperation authorized by subsection (a) shall include, but need

not be limited to, the following:

(1) making joint examinations or investigations;
(2) holding joint administrative hearings;

(3) filing and prosecuting joint litigation;

(4) sharing and exchanging personnel;

(5) sharing and exchanging information and documents;

(6) formulating and adopting mutual regulations, statements of policy, guidelines, proposed statutory changes and releases; and

(7) issuing and enforcing subpoer as at the request of the agency

administering this chapter in another jurisdiction, the securities agency of another jurisdiction, the Commodity Futures Trading Commission or the Secu

rities and Exchange Commission if the information sought would also be subject

to lawful subpoena for conduct occurring in this state.

Section 2.07

General Authority to Adopt Rules, Forms, and Orders.

(a)

In addition to specific authority granted elsewhere in this chapter,

the Administrator may make, amend, and rescind rules, forms, and orders as

are necessary to carry out the provisions of this chapter.

(Such rules or

forms shall include, but need not be limited to, the following:

(1) rules defining any terms, whether or not used in this chapter, insofar as the definitions are not inconsistent with the provisions of this chapter. For the purpose of rules or forms, the Administrator may classify commodities and commodity contracts, persons, and matters within the Administra

tor's jurisdiction.

(b) Unless specifically provided in this chapter, no rule, form, or order may be adopted, amended or rescinded unless the Administrator finds that the

action is:

(1) necessary or appropriate in the public interest or for the pro

tection of investors; and

(2)

consistent with the purposes fairly intended by the policy and

provisions of this chapter.

(c)

All rules and forms of the Administrator shall be published.

(d) No provision of this chapter imposing any liability applies to any act

done or omitted in good faith in conformity with a rule, order, or form adopted

by the Administrator, notwithstanding that the rule, order, or form may later

be amended, or rescinded, or be determined by judicial or other authority to be

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(a) Every applicant for registration under this chapter shall file with the

Administrator, in such form as he by rule prescribes, an irrevocable consent filing the consent.

appointing the Administrator or his successor in office to be his attorney to

receive service of any lawful process in any non-criminal suit, action, or pro

ceeding against him or his successor executor or administrator which arises

under this chapter or any rule or order hereunder after the consent has been

filed, with the same force and validity as if served personally on the person

Service may be made by leaving a copy of the process in

the office of the Administrator, but it is not effective unless (1) the plaintiff, who may be the Administrator in a suit, action, or proceeding instituted

him, forthwith sends notice of the service and a copy of the process by regis

tered mail to the defendant or respondent at his last address on file with the

Administrator, and (2) the plaintiff's affidavit of compliance with this subsection

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a person, including a non-resident of this State, engages in

conduct prohibited or made actionable by the chapter or any rule or order of

the Administrator the engaging in the conduct shall constitute the appointment

of the Administrator as the person's attorney to receive service of

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process in a non-criminal proceeding against the person, a successor, or personal representative, which grows out of that conduct and which is brought

under the chapter or any rule or order of the Administrator with the same

force and validity as if served personally.

(c)

Service under subsection (a) may be made by leaving a copy of the

process in the office of the Administrator, but it is not effective unless (1) the

plaintiff, who may be the Administrator in a súit, action or proceeding instituted by it, forthwith sends notice of the service and a copy of the process by registered mail to the defendant or respondent at his last address known to the Administrator, and (2) the plaintiff affidavit of compliance with this subsection

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(a)

Sections 1.02, 1.05 and 1.06 apply to persons who sell or offer to sell

when

(1)

an offer to sell is made in this State, or

(2)

an offer to buy is made and accepted in this State.

(b) Sections 1.02, 1.05 and 1.06 apply to persons who buy or offer to

buy when

(1)

an offer to buy is made in this State, or

(2)

an offer to sell is made and accepted in this State.

(c)

For the purpose of this Section, an offer to sell or to buy is made in

this State, whether or not either party is then present in this State, when the

offer

(1) originates from this State, or

(2) is directed by the offeror to this State and received at the place

to which it is directed (or at any post office in this State in the case of a

mailed offer).

(d) For the purpose of this Section, an offer to buy or to sell is accepted

in this State when acceptance

(1) is communicated to the offeror in this State, and

(2) has not previously been communicated to the offeror, orally or in writing, outside this State; and acceptance is communicated to the offeror in

this State, whether or not either party is then present in this State, when the

offeree directs it to the offeror in this State, reasonably believing the offeror to be in this State and it is received at the place to which it is directed (or at

any post office in this State in the case of a mailed acceptance).

(e) an offer to sell or to buy is not made in this State when

(1)

the publisher circulates or there is circulated on his behalf in

this State any bona fide newspaper or other publication of general, regular,

L

and paid circulation which is not published in this State, or which is published

in this State but has had more than two-thirds of its circulation outside this

State during the past twelve months, or

(2)

a radio or television program originating outside this State is

received in this State.

Section 2.10

Procedure for Entry of an Order.

(a)

The Administrator shall commence an administrative proceeding under

this chapter, by entering either a notice of intent to do a contemplated act or a

summary order.

The notice of intent or summary order may be entered without

notice, without opportunity for hearing, and need not be supported by findings

of fact or conclusions of law, but must be in writing.

(b) Upon entry of a notice of intent or summary order, the Administrator

shall promptly notify all interested parties that the notice or summary order has

been entered and the reasons therefor.

If the proceeding is pursuant to a

notice of intent, the Administrator shall inform all interested parties of the

date, time, and place set for the hearing on the notice.

If the proceeding is

pursuant to

a

summary order, the Administrator shall inform all interested

parties that they have 30 business days from the entry of the order to file a

written request for a hearing on the matter with the Administrator and that the

hearing will be scheduled to commence within 30 business days after the receipt

of the written request.

(c) If the proceeding is pursuant to a summary order, the Administrator,

whether or not a written request for a hearing is received from any interested

party, may set the matter down for hearing on the Administrator's own motion.

(d) If no hearing is requested and none is ordered by the Administrator,

the summary order will automatically become a final order after 30 business

days.

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