Section 409.6-607

Title XXVI TRADE AND COMMERCE

Chapter 409

Effective - 01 Sep 2003, see footnote   

  409.6-607.  Public records; confidentiality. — (a)  Except as otherwise provided in subsection (b), records obtained by the commissioner or filed under this act, including a record contained in or filed with a registration statement, application, notice filing, or report, are public records and are available for public examination.

  (b)  The following records are not public records and are not available for public examination under subsection (a):

  (1)  A record obtained by the commissioner in connection with an audit or inspection under section 409.4-411(d) or an investigation under section 409.6-602;

  (2)  A part of a record filed in connection with a registration statement under sections 409.3-301 and 409.3-303 to 409.3-305 or a record under section 409.4-411(d) that contains trade secrets or confidential information if the person filing the registration statement or report has asserted a claim of confidentiality or privilege that is authorized by law;

  (3)  A record that is not required to be provided to the commissioner or filed under this act and is provided to the commissioner only on the condition that the record will not be subject to public examination or disclosure;

  (4)  A nonpublic record received from a person specified in section 409.6-608(a);

  (5)  Any Social Security number, residential address unless used as a business address, and residential telephone number contained in a record that is filed; and

  (6)  A record obtained by the commissioner through a designee of the commissioner that a rule or order under this act determines has been:

  (A)  Expunged from the commissioner's records by the designee; or

  (B)  Determined to be nonpublic or nondisclosable by that designee if the commissioner finds the determination to be in the public interest and for the protection of investors.

  (c)  If disclosure is for the purpose of a civil, administrative, or criminal investigation, action, or proceeding or to a person specified in section 409.6-608(a), the commissioner may disclose a record obtained in connection with an audit or inspection under section 409.4-411(d) or a record obtained in connection with an investigation under section 409.6-602.

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(L. 2003 H.B. 380)

Effective 9-01-03