Section § 28950

Explanation

This law says that if a person acts in good faith following official rules or opinions from a commissioner or the Attorney General, they won't be held liable—even if those rules or opinions change later or are found invalid.

No provision of this division imposing any liability applies to any act done or omitted in good faith in conformity with any rule, form, permit, order, or written interpretive opinion of the commissioner, or any written interpretive opinion of the Attorney General, notwithstanding that the rule, form, permit, order, or written interpretive opinion may later be amended or rescinded or be determined by judicial or other authority to be invalid for any reason.

Section § 28951

Explanation

This law gives the commissioner the authority to create, change, or remove rules, forms, and orders needed to enforce the law effectively. The commissioner can also define terms related to the law and create different rules for different groups of people under their jurisdiction. Furthermore, the commissioner is allowed to waive certain rules if they aren't considered necessary for the public interest. Additionally, the commissioner can exempt certain people or transactions from the law if it's determined that regulating them isn't needed and it's in the public interest.

(a)CA Corporations Code § 28951(a) The commissioner may from time to time make, amend, and rescind the rules, forms, and orders that are necessary to carry out this law, and define any terms, whether or not used in this law, insofar as the definitions are not inconsistent with this law. For the purpose of rules, the commissioner may, among other things, classify persons within the commissioner’s jurisdiction and may prescribe different requirements for different classes. The commissioner may, in the commissioner’s discretion, waive any requirement of any rule or form in situations where in his or her opinion the requirement is not necessary in the public interest.
(b)CA Corporations Code § 28951(b) The commissioner may, by regulation or order, either unconditionally or upon specified terms and conditions or for specified periods, exempt from the provisions of this division any person or transaction or class of persons or transactions, if the commissioner finds that action to be in the public interest and that the regulation of those persons or transactions is not necessary for the purposes of this division.

Section § 28952

Explanation

This law allows the commissioner to provide explanations or clarifications when people ask for opinions on how certain rules or regulations should be understood or applied.

The commissioner may honor requests from interested persons for interpretive opinions.

Section § 28953

Explanation

If someone wants to claim an exemption or exception from a definition under this law, they have to prove that it applies to them. Basically, it's their responsibility to show they qualify for the exemption or exception.

In any proceeding under this law, the burden of proving an exemption or an exception from a definition is upon the person claiming it.

Section § 28954

Explanation

In California, if you're not happy with a final decision or action made by the commissioner, you can have it reviewed by a court.

Every final order, decision, license, or other official act of the commissioner is subject to judicial review in accordance with law.

Section § 28955

Explanation

This section ensures that nothing in the current law weakens or changes the powers of the commissioner that are already established under the Corporate Securities Law of 1968. It means the commissioner's authority remains intact and unaffected for any person or transaction under that law.

Nothing in this law, shall impair, derogate, or otherwise affect the authority or powers of the commissioner under the Corporate Securities Law of 1968 (Part 3 (commencing with Section 25000)) or the application of any provision thereof to any person or transaction subject thereto.

Section § 28956

Explanation

This section of the law states that if any part of it is found to be invalid or not applicable to a person or situation, the rest of the law still holds. Essentially, the valid parts are separate and can still be enforced even if one part is removed or invalidated.

If any provision of this division , or the application thereof to any person or circumstance, is held invalid, the invalidity shall not affect other provisions or applications of this law that can be given effect without the invalid provision or application, and to this end the provisions of this division are declared to be severable.

Section § 28957

Explanation

This law states that the commissioner and their employees are not allowed to use non-public information they access for personal profit. Moreover, even if the information becomes public, they cannot trade securities based on it until enough time has passed for the markets to adjust to this new information.

Neither the commissioner nor any employee of the commissioner shall use any information which is filed with or obtained by the commissioner which is not public information for personal gain or benefit, nor shall the commissioner nor any employee of the commissioner engage in any securities transaction based on that information, even though public, if there has not been a sufficient period of time for the securities or commodity markets to assimilate that information.

Section § 28958

Explanation

This law explains that a specific program will be funded by money that the California Legislature allocates from the State Corporations Fund. This funding will come from various fees and penalties, including those collected from filings and applications related to securities.

(a)CA Corporations Code § 28958(a) The program established by this division shall be supported from funds appropriated by the Legislature from the State Corporations Fund.
(b)CA Corporations Code § 28958(b) The funds appropriated from the State Corporations Fund and made available for expenditure under subdivision (a) of this section shall come from fees collected under Section 28110, penalties collected under Sections 28880 and 28900, and securities application filing fees collected under subdivisions (e), (f), (h), and (i) of Section 25608 and notice filing fees collected under subdivision (a) of Section 25608.1.