(1) If a qualified individual, while acting within the scope of employment, reasonably believes that financial exploitation of an eligible adult may have occurred, been attempted, or may be or is being attempted, a qualified individual may notify any third party previously designated by or reasonably associated with the eligible adult. Disclosure may not be made to any designated third party that is suspected of financial exploitation or other abuse of the eligible adult.
Notwithstanding the provisions of subsection (1) of this section, if the qualified individual is also a person listed in section 18-6.5-108 (1)(b) and the qualified individual has made a report to law enforcement as required by section 18-6.5-108 (1), the report required by subsection (1) of this section does not have to be filed with the commissioner.
A qualified individual who, in good faith and exercising reasonable care, complieswith this section is immune from any administrative or civil liability that might otherwise arise from the disclosure.
Source: L. 2017: Entire part added, (HB 17-1253), ch. 289, p. 1605, § 2, effective July 1. 11-51-1005. Delaying disbursements - immunity. (1) A broker-dealer or investment adviser may delay a disbursement from an account of an eligible adult, or an account on which an eligible adult is a beneficiary, if:
(a) The broker-dealer or investment adviser, reasonably believes, after initiating an internal review of the requested disbursement and the suspected financial exploitation, that the requested disbursement may result in financial exploitation of an eligible adult; and (b) The broker-dealer or investment adviser:
Immediately, but in no event more than two business days after the requested disbursement, provides written notification of the delay and the reason for the delay to all parties authorized to transact business on the account, unless any such party is reasonably believed to have engaged in suspected or attempted financial exploitation of the eligible adult;
Immediately, but in no event more than two business days after the requested disbursement, notifies the reporting agencies; and
Continues its internal review of the suspected or attempted financial exploitation ofthe eligible adult, as necessary, and reports the review's results to the commissioner within seven business days after the requested disbursement.
(2) Any delay of a disbursement as authorized by this section expires upon the sooner of:
A determination by the broker-dealer or investment adviser that the disbursementwill not result in financial exploitation of the eligible adult; or
Fifteen business days after the date on which the broker-dealer or investment adviserfirst delayed disbursement of the funds, unless the commissioner requests that the broker-dealer or investment adviser extend the delay. If a delay is requested, the delay expires no more than twenty-five business days after the date on which the broker-dealer or investment adviser first delayed disbursement of the funds unless sooner terminated or extended by the commissioner or an order of a court of competent jurisdiction.
A court of competent jurisdiction may also enter an order extending the delay of thedisbursement of funds or may order other protective relief based on the petition of the commissioner of securities, protective services for eligible adults, the broker-dealer or investment adviser that initiated the delay under this section, or other interested party.
A broker-dealer or investment adviser who, in good faith and exercising reasonablecare, complies with this section is immune from any administrative or civil liability that might otherwise arise from the delay in a disbursement in accordance with this section.
Source: L. 2017: Entire part added, (HB 17-1253), ch. 289, p. 1606, § 2, effective July 1.