Chapter 73. Securities Act

Published: 2015

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Commerce and Trade


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Subchapter IV. Provisions Relating to Investigations

§ 73-401 Authority to investigate.
The Director, in the Director's own discretion, may make such public or private investigations within or outside of this State as the Director deems necessary to determine whether any person has violated or is about to violate any provision of this chapter or any rule or order hereunder, or to aid in the enforcement of this chapter or in the prescribing of rules and forms hereunder, may require or permit any person to file a statement in writing, under oath or otherwise as the Director determines, as to all the facts and circumstances concerning the matter to be investigated, and may publish information concerning any violation of this chapter or any rule or order hereunder.

78 Del. Laws, c. 175, §§ 115. 118; 79 Del. Laws, c. 182, § 3.;

§ 73-402 Subpoena power.
For the purpose of any investigation or proceeding under this chapter, the Director, or any officer designated by the Director, may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, agreements, or other documents or records which the Director deems relevant or material to the inquiry. The Director's authority to subpoena witnesses and documents outside the State shall exist to the maximum extent permissible under federal constitutional law.

78 Del. Laws, c. 175, §§ 115. 118; 79 Del. Laws, c. 182, § 3.;

§ 73-403 Failure to comply with subpoena.
In case of contumacy by, or refusal to obey a subpoena issued to, any person, the Court of Chancery, upon application by the Director, may issue to the person an order requiring that person to appear before the Court of Chancery or the designated officer, there to produce documentary evidence if so ordered or to give evidence touching the matter under investigation or in question. Failure to obey the order of the Court may be punished by the Court as a contempt of Court.

78 Del. Laws, c. 175, §§ 115, 118; 79 Del. Laws, c. 182, § 3.;

§ 73-404 Immunity from prosecution.
No person is excused from attending and testifying or from producing any document or record before the Director, or in obedience to the subpoena of the Director or any designated officer or in any proceeding instituted by the Director, on the ground that the testimony or evidence (documentary or otherwise) required of that person may tend to incriminate or subject that person to penalty or forfeiture; but no individual may be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which the person is compelled, after claiming privilege against self-incrimination, to testify or produce evidence (documentary or otherwise), except that the individual testifying is not exempt from prosecution and punishment for perjury or contempt committed in testifying.

78 Del. Laws, c. 175, §§ 115, 118; 79 Del. Laws, c. 182, § 3.;