- Section
8-6-50 Created; duties generally.
- Section 8-6-51 Membership; qualifications and appointment of commissioners; use or disclosure of confidential information by
commissioners, employees, etc.; civil liability of commissioners.
- Section
8-6-52 Terms of office of appointed members; filling of vacancies;
reappointment of members.
- Section 8-6-53 Selection of chair; rules for proceedings; meetings; quorum; records and reports; access to offices
and records; exercise of powers of director.
-
Section
8-6-54 Compensation of members.
- Section
8-6-55 Director — Appointment; duties generally.
- Section
8-6-56 Director — Qualifications; salary; interest in banks, etc., prohibited.
- Section
8-6-57 Deputy director.
- Section
8-6-58 Personnel.
- Section
8-6-59 Bonds of director and employees.
- Section
8-6-60 Place of office.
|
| Created; duties generally. |
There is created the Alabama Securities Commission, which shall be
responsible for the enforcement of laws governing the issuance, sale, and other
transactions relative to securities.
(Acts 1969, No. 740, p. 1315, §1.)
| Membership; qualifications and appointment of commissioners; use or
disclosure of confidential information by commissioners, employees, etc.; civil
liability of commissioners. |
(a) The Securities Commission shall consist of the Attorney General of
Alabama, the State Superintendent of Banks, the State Superintendent of
Insurance and four other members appointed by the Governor by and with the
advice and consent of the Senate. Two appointed members shall be members of the
Alabama Bar Association appointed from a list of three nominees for each
position submitted by the bar association, and the other two appointed members
shall be certified public accountants appointed from a list of three nominees
for each position submitted by the Alabama Society of Certified Public
Accountants. The membership of the commission shall be inclusive and reflect the
racial, gender, geographic, urban/rural, and economic diversity of the state.
(b) No person may be appointed to or by the commission while he is registered
as a dealer or salesman under Article 1 of this chapter, while he is an officer,
director or partner of any person so registered, while he is an officer,
director or partner of an issuer which has a registration statement effective
under Article 1 of this chapter or while he is occupying a similar status or
performing similar functions.
(c) It is unlawful for any member of the commission, the director or any
other officer or employee of the commission to use for personal benefit any
information which is filed with or obtained by the director and which is not
made public. No provision of this article authorizes any member of the
commission, the director or any other officer or employee of the commission to
disclose any such information except among themselves or when necessary or
appropriate in a proceeding or investigation under this article. No provision of
this article either creates or derogates from any privilege which exists at
common law or otherwise when documentary or other evidence is sought under a
subpoena directed to any member of the commission, the director, or any other
officer or employee of the commission.
(d) Except upon proof of corruption, no commissioner shall for his acts or
his failure to act be civilly liable to any investor, applicant for
registration, or any other person.
| (Acts 1969, No. 740, p. 1315, §2; Acts 1996, No. 96-749, p. 1320, §3.) |
|
Terms of office of appointed members; filling of vacancies; reappointment of
members. |
(a) The Governor shall biennially appoint one Securities Commission member to
serve for a term of four years; provided, however, that the Governor shall
designate for the initial appointments one member to serve for a term of two
years and one member to serve for a term of four years from their respective
dates of appointment and qualification. Upon the expiration of these initial
terms, the term of each member shall be four years from the date of his
appointment and qualification, until his successor shall qualify; provided
further, however, that, on April 4, 1988, no member shall serve more than two
consecutive terms of office.
(b) Vacancies shall be filled by the Governor for the unexpired term.
(c) Members shall be eligible for reappointment.
| (Acts 1969, No. 740, p. 1315, §3; Acts 1988, No. 88-137, p. 199, §3.) |
| Selection of chair; rules for proceedings; meetings; quorum; records and
reports; access to offices and records; exercise of powers of director. |
(a) The Securities Commission shall select a chair and may adopt rules for
conducting its proceedings.
(b) The commission shall meet quarterly on a date it designates and may meet
at other times it deems necessary, or when called by the chair or by any two
members. Any three members shall constitute a quorum for transacting commission
business.
(c) Complete minutes of each meeting shall be kept and filed in the office of
the commission and shall be available for public inspection during reasonable
office hours.
(d) The commission shall report annually to the Governor, to the legislature
and to the state Legislative Council. The report shall contain the minutes of
each meeting held during the year, legislative recommendations, a summary of
violations of Article 1 of this chapter, actions taken for those violations, and
other data and information deemed necessary or appropriate.
(e) Each member of the commission shall have unrestricted access to all
offices and records under the jurisdiction of the commission.
(f) The commission, or a majority of the commission, may exercise any power
or perform any act that the director is authorized to perform under this
chapter.
| (Acts 1969, No. 740, p. 1315, §4; Acts 1992, No. 92-124, p. 224, §3.) |
((a) Each appointed member of the Securities Commission shall be paid
$50 per day, for a period not to exceed a total of 60 days in any one
calendar year, while engaged in the performance of his duties, and shall receive
mileage and per diem as provided by Article 2 of Chapter 7 of Title 36.
(b) Ex officio members shall not be entitled to any extra compensation for
performing their duties under this chapter./p>
| (Acts 1969, No. 740, p. 1315, §5.) |
| Director — Appointment; duties generally. |
(a) The Securities Commission shall appoint a full-time director who shall be
a career employee subject to the provisions of the Alabama Merit System Law and
whose employment may be terminated only for cause.
(b) The director shall administer the provisions of Article 1 of this chapter
under the supervision of the commission and in accordance with its policies.
| (Acts 1969, No. 740, p. 1315, §6.)
|
| Director — Qualifications; salary; interest in banks, etc., prohibited. |
(a) The Director of the Securities Commission shall be a person of good moral
character, at least 30 years of age, a resident of Alabama, a member of the
Alabama bar and thoroughly familiar with corporate organization, investment
banking, investment trusts, the sale of securities, and the statistical details
of the manufacturing industries and commerce of this state. The Securities
Commission may also require additional qualifications.
(b) The director, while serving as such, shall not directly or indirectly be
financially interested in or associated with any commercial bank, savings bank,
trust company, industrial loan or investment company, credit union, building and
loan association, or any other person subject to the jurisdiction of the
commission or the director thereof.
(c) The salary of the director shall be fixed by the commission in the salary
range payable to attorneys in the merit system classification of attorney IV, as
determined and set by the commission.
(Acts 1969, No. 740, p. 1315, §7; Acts 1990, No.
90-527, p. 772, §2.)
(a) With the approval of the Securities Commission and subject to the
provisions of the merit system law, the director thereof may designate a deputy
director, who shall possess qualifications fixed by the commission with the
approval of the personnel department, and who shall perform such duties as the
director shall designate.
(b) In the absence of the director or his inability to act, the deputy
director shall perform such duties as are required to be performed by the
director.
(c) The compensation of the deputy director shall be fixed by the commission,
subject to the approval of the personnel department, in the salary range payable
to attorneys in the merit system classification of attorney IV. |
| (Acts 1969, No. 740, p. 1315, §8; Acts 1979, No. 79-462, p. 827, §7; Acts 1990, No. 90-527, p. 772, §2.) |
|
(a) The Director of the Securities Commission shall prepare in writing a
manual of necessary employee positions for the commission, including job
classifications, personnel qualifications, duties, maximum and minimum salary
schedules, and other personnel information for approval by the commission.
(b) Subject to the provisions of the merit system law, the director may
select, appoint, and employ such accountants, auditors, financial analysts,
examiners, clerks, and other personnel as he deems necessary for the proper
administration of the Alabama securities laws including legal counsel to act as
attorneys for the commission in actions or proceedings brought by or against the
commission under or pursuant to any provision of law under the commission's
jurisdiction, or in which the commission joins or intervenes as to a matter
within the commission's jurisdiction, as a friend of the court or otherwise, and
stenographic reporters to take and transcribe the testimony in any formal or
informal hearing or investigation before the commission or before a person
authorized by the commission. |
| (Acts 1969, No. 740, p. 1315, §10; Acts 1979,
No. 79-462, p. 827, §8.) |
| Bonds of director and employees. |
(a) Before assuming office, the Director of the Securities Commission shall
give a bond in the sum of $50,000, payable to the State of Alabama,
to be approved by the Attorney General of Alabama and filed in the office of the
Secretary of State. Such bond shall be conditioned that he will faithfully
execute the duties of his office.
(b) The director may by rule or order require any employee of the commission
to be bonded on the same condition and in the same or such lesser amount as he
determines.
(c) The expense of all such bonds shall be paid from funds available to the
commission.
| (Acts 1969, No. 740, p. 1315, §9.) |
The Securities Commission and the director thereof shall maintain offices in
the capital city of the state, and all records of the commission shall be kept
at these offices.
| (Acts 1969, No. 740, p. 1315, §11.) |
