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UNIFORM SECURITIES ACT OF 2002 vs. SECURITIES ACT OF WASHINGTON vs. SECURITIES DIVISION DRAFT BILL

 This chart compares the Uniform Securities Act of 2002 (USA), including all published errata as of 8/5/2005, to the current Securities Act of Washington and to the Securities Division’s draft bill as discussed with the WSBA Securities Committee USA Study Group.  Where comparable language exists, it is placed side by side.  The comment column on the right offers preliminarily explanation of the Division draft approach or provides additional information.

 

ARTICLE 7 – TRANSITION.

 

 

 

 

§701.  EFFECTIVE DATE.tc \l2 "SECTION 701.  EFFECTIVE DATE.  This [Act] takes effect on [insert date, which should be at least 60 days after enactment].

 

 

 

Not included in Division draft.  Effective date will be set by the legislature.

§702.  REPEALS.  The following act is repealed:

[Insert name of former State securities act].

RCW 21.20.935 Repealer.

The following acts and parts of acts are hereby repealed:

(1) Chapter 69, Laws of 1923; chapter 97, Laws of 1935; chapter 182, Laws of 1937; chapter 124, Laws of 1939; chapter 169, Laws of 1943; chapter 231, Laws of 1943; chapter 189, Laws of 1947; chapter 150, Laws of 1949; chapter 230, Laws of 1951; and RCW 21.04.010 through 21.04.220; and

(2) Chapter 178, Laws of 1937; chapter 64, Laws of 1951; and RCW 21.08.010 through 21.08.120; and

(3) Chapter 110, Laws of 1939 and RCW 21.12.010 through 21.12.080.

§ 1 (see above)

 

§703.  APPLICATION OF ACT TO EXISTING PROCEEDING AND EXISTING RIGHTS AND DUTIES.  (a) [Applicability of predecessor act to pending proceedings and existing rights.] The predecessor act exclusively governs all actions or proceedings that are pending on the effective date of this [Act] or may be instituted on the basis of conduct occurring before the effective date of this [Act], but a civil action may not be maintained to enforce any liability under the predecessor act unless instituted within any period of limitation that applied when the cause of action accrued or within five years after the effective date of this [Act], whichever is earlier.

RCW 21.20.910  Saving -- Civil, criminal proceedings.

Prior law exclusively governs all suits, actions, prosecutions, or proceedings which are pending or may be initiated on the basis of facts or circumstances occurring before the effective date of this chapter, except that no civil suit or action may be maintained to enforce any liability under prior law unless brought within any period of limitation which applied when the cause of action accrued and in any event within two years after the *effective date of this chapter.

§ 57.  APPLICATION OF CHAPTER TO EXISTING PROCEEDINGS, EXISTING RIGHTS AND DUTIES, AND RCW 48.06.030.  (1) Applicability of chapter 21.20 RCW to pending proceedings and existing rights.  Chapter 21.20 RCW exclusively governs all actions or proceedings that are pending on the effective date of this section or may be instituted on the basis of conduct occurring before the effective date of this section, but a civil action may not be maintained to enforce any liability under chapter 21.20 RCW unless instituted within any period of limitation that applied when the cause of action accrued or within five years after the effective date of this section, whichever is earlier.

USA

(b) [Continued effectiveness under predecessor act.]  All effective registrations under the predecessor act, all administrative orders relating to the registrations, rules, statements of policy, interpretative opinions, declaratory rulings, no action determinations, and conditions imposed on the registrations under the predecessor act remain in effect while they would have remained in effect if this [Act] had not been enacted.  They are considered to have been filed, issued, or imposed under this [Act], but are exclusively governed by the predecessor act.

RCW 21.20.915  Saving -- Prior effective registrations.

All effective registrations under prior law and all conditions imposed upon such registrations remain in effect so long as they would have remained in effect if they had become effective under this chapter. They are considered to have been filed, entered, or imposed under this chapter. All dealers who are duly registered as brokers and all salespersons and issuers' agents who are duly registered as agents under said securities act, mining act or oil and mining leases act, on the *effective date of this chapter shall be deemed to be duly registered under and subject to the provisions of this chapter, such registration to expire on the 30th day of June of the year in which this chapter becomes effective and to be subject to renewal as provided in this chapter.

§ 57(2).  Continued effectiveness under chapter 21.20 RCW.  All effective registrations under chapter 21.20 RCW, all administrative orders relating to the registrations, rules, statements of policy, interpretive opinions, declaratory rulings, no action determinations, and conditions imposed on the registrations under chapter 21.20 RCW remain in effect while they would have remained in effect if this chapter had not been enacted.  They are considered to have been filed, issued, or imposed under this chapter, but are exclusively governed by chapter 21.20 RCW.

USA

(c) [Applicability of predecessor act to offers or sales.]  The predecessor act exclusively applies to an offer or sale made within one year after the effective date of this [Act] pursuant to an offering made in good faith before the effective date of this [Act] on the basis of an exemption available under the predecessor act.

RCW 21.20.920 Application of prior law.

Prior law applies in respect to any offer or sale made within one year after the *effective date of this chapter pursuant to an offering begun in good faith before its effective date on the basis of an exemption available under prior law.

§ 57(3).  Applicability of chapter 21.20 RCW to offers or sales.  Chapter 21.20 RCW exclusively applies to an offer or sale made within one year after the effective date of this section pursuant to an offering made in good faith before the effective date of this section on the basis of an exemption available under chapter 21.20 RCW.

USA

 

RCW 21.20.930  Solicitation permits under insurance laws not limited.

Nothing in this chapter shall in any way limit the provisions of RCW 48.06.030.

§ 57(4).  Applicability to RCW 48.06.030.  Nothing in this chapter shall limit the provisions of RCW 48.06.030.

 

RCW 21.20.930 retained as §58(4).

 

 

§ 58.  Section 57 of this act is added to chapter 21.20A RCW (created in section 115 of this act) and codified with the subchapter heading of "Transition."

Code reviser instruction

  

 

 

 

 

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