Insiders — restricted use of information, data to be public, exceptions.

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Effective - 28 Aug 1985

409.830. Insiders — restricted use of information, data to be public, exceptions. — 1. Sections 409.800 to 409.863 shall be administered by the commissioner. Neither the commissioner nor any employees of the commissioner shall use any information which is filed with or obtained by the commissioner and which is not public information for personal gain or benefit, nor shall the commissioner nor any of his employees conduct any securities or commodity dealings whatsoever based upon any such information, even though public, if there has not been a sufficient period of time for the securities or commodity markets to assimilate such information.

2. All information collected, assembled or maintained by the commissioner is public information and is available for the examination of the public as provided by chapter 610, except for the following, which are deemed to be confidential:

(1) Information obtained in private investigations pursuant to section 409.820;

(2) Information made confidential by the provisions of chapter 610; and

(3) Information obtained from federal agencies which may not be disclosed under federal law.

­­The commissioner, in his discretion, may disclose any information made confidential under this subsection to persons listed in subsection 1 of section 409.833.

3. No provision of sections 409.800 to 409.863 either creates or derogates any privilege which exists at common law, by statute, or otherwise when any documentary or other evidence is sought under subpoena directed to the commissioner or any employee of the commissioner.

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(L. 1985 H.B. 409 & 532 § 13)


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