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COMPILED CODE - Iowa Legislature - State of Iowa

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360<br />

|§ 5429-5432-a2. INVESTMENT COMPANIES. Tit. XVII, Ch. 5.<br />

SEC. 5429. Fees—account kept.<br />

1 All fees herein provided for shall be collected by the secretary <strong>of</strong><br />

2 state and by him covered into the state treasury on the first secular<br />

3 day <strong>of</strong> each month ; and the secretary <strong>of</strong> state shall keep a record <strong>of</strong><br />

4 the receipts and expenditures incurred in carrying out the provisions<br />

5 <strong>of</strong> this chapter.<br />

[S. S., '15, § 1920-U12; 39 G. A., ch. 209, § 3.]<br />

SEC. 5432. Agent to register and file appointment with secretary—permit<br />

issued—fee—expiration <strong>of</strong> permit—cancellation.<br />

1 Every person, firm, association, company or corporation that has<br />

2 received a permit to transact business in this state and desires to<br />

3 appoint agents or representatives shall cause said agent or representa-<br />

4 tive to register with the secretary <strong>of</strong> state and file with said <strong>of</strong>ficer<br />

5 his written appointment and authority to represent said person, firm,<br />

6 association, company or corporation as its agent in this state, and such<br />

7 further information as the secretary may require, and receive from<br />

8 said secretary a certificate showing that the principal represented by<br />

9 said agent or representative has complied with the provisions <strong>of</strong> this<br />

10 chapter and received a certificate to do business. All such certificates<br />

11 shall be subject to revocation by the secretary <strong>of</strong> state if upon exam-<br />

12 ination or investigation the secretary finds that the agent is misrepre-<br />

13 senting the kind and character <strong>of</strong> securities, the nature <strong>of</strong> the business<br />

14 or is thereby, or otherwise defrauding the people <strong>of</strong> this state, in the<br />

15 sale <strong>of</strong> stocks, bonds or other securities. All such certificates, unless<br />

16 sooner revoked, shall expire on the first day <strong>of</strong> July <strong>of</strong> each year. A<br />

17 charge <strong>of</strong> three dollars shall be made by the secretary <strong>of</strong> state for each<br />

18 certificate issued to such agent.<br />

[S. S., '15, § 1920-U15; 39 G. A., ch. 189, §§ 8, 9.]<br />

SEC. 5432-al. Secret agents—failure to disclose interest—penalty.<br />

1 Any individual, not licensed as an agent, who, with intent to se-<br />

2 cure financial gain for himself, advises and procures or assists in pro-<br />

3 curing any person to purchase any securities contemplated by this<br />

4 chapter and who received for such service any commission or reward,<br />

5 without disclosing to the purchaser the fact <strong>of</strong> his interest shall, in<br />

6 addition to any other penalty, be guilty <strong>of</strong> a misdemeanor.<br />

[39 G. A., ch. 189, § 5.]<br />

SEC. 5432-a2. Promotion expense—agent's commission.<br />

1 No person, firm, association, company or corporation shall <strong>of</strong>fer<br />

2 for sale, sell or otherwise dispose <strong>of</strong>, within this state, any securities<br />

3 coming within the provisions <strong>of</strong> this chapter on which the total pro-<br />

4 motion expense, including all commissions, discount on paper or other<br />

5 expense in marketing such'securities exceeds ten per cent <strong>of</strong> the selling<br />

6 price there<strong>of</strong> ; provided, that any such company organized for the pur-<br />

7 pose <strong>of</strong> carrying on an industrial business within this state may expend<br />

8 for such purposes not to exceed fifteen per cent <strong>of</strong> such selling price ;<br />

9 and provided, that in addition there may be paid all charter fees,<br />

10 franchise taxes, permit and certificate fees, attorney fees, and neces-<br />

11 sary expenditures for stationery and supplies. The agent's commission

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