(1) It is unlawful for any person, in connection with the offer, sale, or purchase of any security, directly or indirectly:
To employ any device, scheme, or artifice to defraud;
To make any untrue statement of a material fact or to omit to state a material factnecessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading; or
To engage in any act, practice, or course of business which operates or would operateas a fraud or deceit upon any person.
(2) It is unlawful for a custodian of the funds or securities of a local government investment pool trust fund organized under the provisions of part 7 of article 75 of title 24, C.R.S., to effect any transaction to relinquish possession of, distribute, expend, or transfer any of the assets of the trust fund without the prior written authorization of the board, except for:
The purchase or sale of authorized investments or the exchange of such assets forother assets of equal or greater value if such sale, purchase, or exchange is solely in the accounts of the trust fund;
Distributions to participating local governments; or
The payment of routine fees and expenses that have been authorized by the board oftrustees in the annual budget of the trust fund.
(3) It is unlawful for any investment adviser of a local government investment pool trust fund organized under the provisions of part 7 of article 75 of title 24, C.R.S., to:
Take custody or possession of the funds or securities of the trust fund;
Act as a principal in any transaction in securities with the trust fund unless the express prior written authorization of the board of trustees is obtained with regard to each such transaction and unless the transaction is effected without mark-up and at the fair market price of the securities purchased or sold; or
Deposit, convey, or maintain the funds or securities of the trust fund in any accountthat is in any other name than that of the trust fund.
(4) It is unlawful for any broker-dealer or financial institution acting in an advisory capacity to a local government investment pool trust fund organized under the provisions of part 7 of article 75 of title 24, C.R.S., or any person employed by or directly associated with such broker-dealer or financial institution to:
Act as a principal in any transaction in securities with the trust fund unless the express prior written authorization of the board of trustees is obtained with regard to each such transaction and unless the transaction is effected without mark-up and at the fair market price of the securities purchased or sold; or
Deposit, convey, or maintain the funds or securities of the trust fund in any accountthat is in any other name than that of the trust fund.
It is unlawful for any person who receives, directly or indirectly, any considerationfrom another person for advising the other person as to the value of securities or of any purchase or sale thereof, whether through the issuance of analyses or reports or otherwise to:
Employ any device, scheme, or artifice to defraud any client or prospective client;
Make an untrue statement of a material fact to any client or prospective client or toomit to state to any client or prospective client any material fact necessary to make the statements made, in light of the circumstances under which they are made, not misleading, in the disclosure statement delivered to any client or prospective client pursuant to section 11-51-409.5 or a similar document under the federal "Investment Advisers Act of 1940" or during the solicitation of any such client or otherwise in connection with providing investment advisory services; or
Engage in any transaction, act, practice, or course of business that operates or wouldoperate as a fraud or deceit upon any client or prospective client or that is fraudulent, deceptive, or manipulative.
It is unlawful for an investment adviser or investment adviser representative acting asprincipal for such person's own account or on behalf of a third party to:
Sell a security to a client without disclosing in writing pursuant to section 11-51409.5 the capacity in which the investment adviser or investment adviser representative is acting before the completion of the transaction; or
Fail to obtain the written consent of the client to such transaction after disclosure hasbeen made and before completion of the transaction.
Nothing in subsection (5) or (6) of this section shall relieve an investment adviser,federal covered adviser, or investment adviser representative of liability under any other subsection of this section.
Source: L. 90: Entire article R&RE, p. 728, § 1, effective July 1. L. 93: (2) to (4) added,
p. 326, § 2, effective July 1. L. 98: (5) to (7) added, p. 562, § 16, effective January 1, 1999.
Editor's note: This section is similar to former § 11-51-123 (1) as it existed prior to 1990.
Cross references: For the applicability of this section, see § 11-51-102 (1), (2), and (9); for the "Investment Advisers Act of 1940", see Pub.L. 76-768, codified at 15 U.S.C. § 80b-1 et seq.