Illinois General Assembly - Illinois Compiled Statutes

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815 ILCS 602/5-15

(815 ILCS 602/5-15)

Sec. 5-15. Denial or revocation of exemptions.

(a) The Secretary of State may by order deny or revoke any
exemption specified in Section 5-10 of this Law with respect to a
particular offering of one or more business opportunities. No
such order may be entered without appropriate prior notice to
all interested parties, opportunity for hearing, and written
findings of fact and conclusions of law.

(b) If the public interest or the protection of purchasers
so requires, the Secretary of State may by summary order deny or
revoke any of the specified exemptions pending final
determination of any proceedings under this Section. Upon the
entry of the order, the Secretary of State shall promptly notify
all interested parties that it has been entered and of the
reasons therefor and that
the matter will be set for hearing upon written request filed with the
Secretary of State
within 30 days after the receipt of  the request by the respondent. If no
hearing is requested and none is ordered by the Secretary of
State, the order will remain in effect until it is modified or
vacated by the Secretary of State. If a hearing is requested and
none is ordered by the Secretary of State, the order will remain
in effect until it is modified or vacated by the Secretary of
State. If a hearing is requested or ordered, the Secretary of
State, after notice of an opportunity for hearing to all
interested
persons, may modify or vacate the order or extend it
until final determination.

(c) No order under this Section may operate retroactively.

(d) No person may be considered to have violated Section 5-25
by reason of any offer or sale effected after the entry of an
order under paragraph (1) of Section 5-65 of this Law if he or she sustains the
burden of proof that he or she did not know, and in the exercise
of reasonable care could not have known, of the order.

(e) Notwithstanding any provision to the contrary, this Law shall not
apply to (i) any dealer, salesperson, or investment adviser registered
under the
Illinois Securities Law of 1953 or any investment adviser
representative, or any person who is regularly engaged in the business of
offering or selling securities in a transaction exempted under subsection C, H,
M, R, Q, or S of Section 4 of the Illinois Securities Law of 1953 or subsection
G of Section 4 of the Illinois Securities Law of 1953 provided that such person
is registered under the federal securities law,
(ii) an associated person described in subdivision (h)(2) of Section 15 of
the Federal 1934 Act, (iii) an investment adviser registered under
Section 203 of the Federal 1940 Investment Advisers Act, or (iv) a person
described in subdivision (a)(11) of Section 202 of the Federal 1940 Investment Advisers
 Act.

(f) This Law shall not be deemed to apply in any manner, directly or
indirectly, to: (i) a State bank or national bank, as those terms are defined
in the Illinois Banking Act, or any subsidiary of a State bank or national
bank;
(ii) a bank holding company, as that term is defined in the Illinois Bank
Holding Company Act of 1957, or any subsidiary of a bank holding company; (iii)
a foreign banking corporation, as that term is defined in the Foreign Banking
Office Act, or any subsidiary of a foreign banking corporation; (iv) a
representative  office, as that term is defined in the Foreign Bank
Representative Office Act, (v) a corporate fiduciary, as that term is defined
in the Corporate Fiduciary Act, or any subsidiary of a corporate fiduciary;
(vi) a savings bank organized under the Savings Bank Act, or a federal savings
bank organized under federal law, or any subsidiary of a savings bank or
federal savings bank; (vii) a savings bank holding company organized under the
Savings Bank Act, or any subsidiary of a savings bank holding company; (viii)
an association or federal association, as those terms are defined in the
Illinois Savings and Loan Act of 1985, or any subsidiary of an association or
federal association; (ix) a foreign savings and loan association or foreign
savings bank subject to the Illinois Savings and Loan Act of 1985, or any
subsidiary of a foreign savings and loan association or foreign savings bank;
or (x) a savings and loan association holding company, as that term is defined
in the Illinois Savings and Loan Act of 1985, or any subsidiary of a savings
and loan association holding company.

(Source: P.A. 100-201, eff. 8-18-17.)