Compilation of Rules and Regulations of the State of Georgia
Department 590 - RULES OF OFFICE OF SECRETARY OF STATE
Chapter 590-4 - COMMISSIONER OF SECURITIES
Subject 590-4-9 - COMMODITIES
Rule 590-4-9-.07 - Confidentiality of Investigations

Universal Citation: GA Rules and Regs r 590-4-9-.07

Current through Rules and Regulations filed through March 20, 2024

(1) Except as provided in the Act and these Rules and Regulations, all information and documents filed with, or obtained by, the Commissioner are public information and are available for public examination.

(2) The following information and documents do not constitute public information under the Act and these Rules and Regulations and shall be confidential:

(a) Information or documents obtained in connection with an investigation under Code Section 10-5-11;

(b) Documents prepared by the Commissioner's staff in connection with an investigation under Code Section 10-5-11including subpoenas, notices to produce records, staff reports, and reports and summaries of investigations;

(c) Information or documents filed with the Commissioner in connection with a registration statement or exemption filing under the Act, which constitute or contain trade secrets or constitute or contain commercial or financial information, which the person is entitled to assert, and has asserted, a claim of confidentiality or privilege as authorized by law; and

(d) Any document or record specifically designated as confidential in accordance with the Act or the Rules and Regulations promulgated thereunder.

(3) All investigations and investigative proceedings shall be private, unless the Commissioner determines that the protection of the public requires that all or part of an investigation or investigative proceeding be made public.

(4) Any securities agency or law enforcement agency receiving information or documents pursuant to Code Section 10-5-11must make the representation required by that Code Section in the form of an access letter. The access letter shall be addressed to the Commissioner and signed by someone at the requesting agency in a position to guarantee the aforementioned representation. Access letters and the Commissioner's response shall be deemed part of an investigative file and shall be confidential.

(5) The Commissioner may disclose information or documents obtained in connection with an investigation under the Act to the extent provided in the Act and these Rules and Regulations. The Commissioner may further disclose such information if disclosure is for the purpose of a civil, administrative, or criminal investigation or proceeding. Any securities agency or law enforcement agency receiving such information or documents must represent that, under the applicable law, protections exist to preserve the integrity, confidentiality, and security of the information.

(6) Notices and proposed administrative orders, administrative orders and public notices and investor alerts issued by the Commissioner shall constitute public information under the Act and these Rules and Regulations.

O.C.G.A. Secs. 10-5A-26, 10-5A-28.

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