The Securities Bureau is responsible for administering and enforcing Idaho state laws and rules pertaining to securities, commodities, money transmission, escrow, and endowed care cemetery financial activities. Through the various legislative acts under the Securities Bureau’s jurisdiction the Idaho Department of Finance (IDOF) seeks to protect investors from fraudulent and criminal activity, assist businesses with registration, licensing and capital raising, conduct financial oversight activities, and educate the public on finance-related issues.
The Securities Bureau is divided into three teams:
- Financial Investigations Team (FIT)- Identifies and investigates potential financial crimes and compliance issues to better protect the public. FIT works closely with national and local partners, including the Idaho Attorney General’s Office, Idaho State Police, Idaho Committee on Aging, and others to bring successful resolutions to Idahoans in cases involving corporate compliance failures, non-compliant financial entities and products, criminal activity, and illicit finance.
- Financial Examinations Team (FET)- Ensures that appropriate investor protections are in place to protect Idahoans and institutions. FET conducts examinations of registered investment advisers (RIAs) and broker-dealers, while concurrently assisting them with their administrative responsibilities. FET’s priority is to verify that RIAs, broker-dealers, and capital-raising companies issuing securities in Idaho meet their compliance obligations to guarantee the safety and soundness of American financial markets and Idaho’s investment environment.
- Money Service Business Team (MSBT)- Oversees money services businesses that provide money transmission and escrow services (including 1031 exchanges) in Idaho. The MSBT is also responsible for administering Idaho law addressing endowment care cemeteries. Specifically, the MSBT provides financial oversight of funds designated to continue perpetual care as guaranteed by the cemetery.
The Securities Bureau also houses IDOF’s Financial Innovation Lab (FIL) and Emerging Technology Advisory Committee (ETAC). FIL is a strategic stakeholder engagement forum created to facilitate discussions, dialogue, and education on how digital innovations are affecting the financial services sector. ETAC is a panel of digital technology and financial services experts who provide thought leadership on the best technological applications, use cases, and oversight models to serve Idahoans and Enable financial innovation to thrive in Idaho.
Securities Statutes
- Title 30 Chapter 14
- 30-14-101 Short Title
- 30-14-102 Definitions
- 30-14-103 References to Federal Statutes
- 30-14-104 References to Federal Agencies
- 30-14-105 Electronic Records and Signatures
- 30-14-201 Exempt Securities
- 30-14-202 Exempt Transactions
- 30-14-202A Fairness Hearing
- 30-14-203 Additional Exemptions and Waivers
- 30-14-204 Denial, Suspension, Revocation, Condition or Limitation of Exemptions
- 30-14-301 Securities Registration Requirement
- 30-14-302 Notice Filing
- 30-14-303 Securities Registration by Coordination
- 30-14-304 Securities Registration by Qualification
- 30-14-305 Securities Registration Filings
- 30-14-306 Denial, Suspension, Revocation of Securities Registration
- 30-14-307 Waiver and Modification
- 30-14-401 Broker-Dealer Registration Requirement and Exemptions
- 30-14-402 Agent Registration Requirement and Exemptions
- 30-14-403 Investment Adviser Registration Requirement and Exemptions
- 30-14-404 Investment Adviser Representative Registration Requirement and Exemptions
- 30-14-405 Federal Covered Investment Adviser Notice Filing Requirement
- 30-14-406 Registration by Broker-Dealer, Agent, Investment Adviser, and Investment Adviser Representative
- 30-14-407 Succession and Change in Registration of Broker-Dealer or Investment Adviser
- 30-14-408 Termination of Employment or Association of Agent and Investment Adviser Representative and Transfer of Employment or Association
- 30-14-409 Withdrawal of Registration of Broker-Dealer, Agent, Investment Adviser and Investment Adviser Representative
- 30-14-410 Filing Fees
- 30-14-411 Post Registration Requirements
- 30-14-412 Denial, Revocation, Suspension, Withdrawal, Restriction, Condition or Limitation of Registration
- 30-14-501 General Fraud
- 30-14-502 Prohibited Conduct in Providing Investment Advice
- 30-14-503 Evidentiary Burden
- 30-14-504 Filing of Sales and Advertising Literature
- 30-14-505 Misleading Filings
- 30-14-506 Misrepresentations Concerning Registration or Exemption
- 30-14-507 Qualified Immunity
- 30-14-508 Criminal Penalties
- 30-14-509 Civil Liability
- 30-14-510 Rescission Offers
- 30-14-601 Administration
- 30-14-602 Investigations and Subpoenas
- 30-14-603 Civil Enforcement
- 30-14-604 Administrative Enforcement
- 30-14-605 Rules, Forms, Orders, Interpretative Opinions, and Hearings
- 30-14-606 Administrative Files and Opinions
- 30-14-607 Public Records — Confidentiality
- 30-14-608 Uniformity and Cooperation with Other Agencies
- 30-14-609 Judicial Review
- 30-14-610 Jurisdiction
- 30-14-611 Service of Process
- 30-14-612 Severability Clause
- 30-14-701 Effective Date
- 30-14-702 Repeals
- 30-14-703 Application of Chapter to Existing Proceeding and Existing Rights and Duties
- Title 30 Chapter 15
- 30-1501 Definitions
- 30-1502 Unlawful Commodity Transactions
- 30-1503 Exempt Person — Transactions
- 30-1504 Exempt Transactions
- 30-1505 Unlawful Commodity Activities
- 30-1506 Fraudulent Conduct — Liability Of Principals, Controlling Persons And Others
- 30-1507 Securities Statutes Unaffected
- 30-1508 Purpose
- 30-1509 Investigations
- 30-1510 Enforcement
- 30-1511 Power Of Court To Grant Relief
- 30-1512 Criminal Penalties
- 30-1513 Administration — Rules And Forms
- 30-1514 Cooperation With Other Agencies
- 30-1515 Consent To Service Of Process
- 30-1516 Scope
- 30-1517 Procedure For Entry Of An Order
- 30-1518 Judicial Review Of Orders
- 30-1519 Pleading Exemptions
- 30-1520 Short Title
- Title 30 Chapter 16
- 30-1601 Definitions
- 30-1602 Duties Of Director
- 30-1603 Application
- 30-1604 Information Statement
- 30-1605 Meeting Of Shareholders
- 30-1606 Financing
- 30-1607 Voting Rights
- 30-1608 Rights Of Action
- 30-1609 Redemption
- 30-1610 Scope
- 30-1611 Jurisdiction
- 30-1612 Severability
- 30-1613 Election
- 30-1614 Short Title
- Title 26 Chapter 29
- 26-2901 Short Title
- 26-2902 Definitions
- 26-2903 License Required
- 26-2904 Exemptions
- 26-2905 License Qualifications
- 26-2906 Permissible Investments
- 26-2907 License Application
- 26-2908 Bond Or Other Security Device
- 26-2909 Application Fees
- 26-2910 Issuance Of License
- 26-2911 Renewal Of License And Annual Report
- 26-2912 Extraordinary Reporting Requirements
- 26-2913 Changes In Control Of A License
- 26-2914 Examinations
- 26-2915 Maintenance Of Records
- 26-2916 Confidentiality Of Data Submitted To The Director
- 26-2917 Suspension Or Revocation Of Licenses
- 26-2918 Authorized Representative Contracts
- 26-2919 Authorized Representative Conduct
- 26-2920 Revocation Or Suspension Of Authorized Representatives
- 26-2921 Licensee Liability
- 26-2922 Hearings — Procedures
- 26-2923 Civil Penalties
- 26-2924 Enforcement
- 26-2925 Criminal Penalties
- 26-2926 Promulgation Of Rules
- 26-2927 Severability
- 26-2928 Appointment Of Director As Agent For Service Of Process
- Title 30 Chapter 9
- 30-901 Short Title
- 30-902 Definitions
- 30-903 License Required
- 30-904 Place of Business
- 30-905 Exempt Persons and Transactions
- 30-906 Exemption — Burden of Proof
- 30-907 Director’s Issuance or Denial of License
- 30-908 Renewal of License
- 30-909 Financial Responsibility– Fidelity Bond–Errors and Omissions Policy– Surety Bond
- 30-910 Cancellation of Fidelity Bond, Surety Bond, or Both– New Bond Required
- 30-911 Limitation of Actions on Bond
- 30-912 Transferability
- 30-913 Unlawful Acts
- 30-914 Accounts to be Maintained — Records open to Inspection — Retention of Records — Trust Account — Interest on Escrow Accounts
- 30-915 Notice of Conflict of Interest–Closing Statement
- 30-916 Attachment
- 30-917 Examination and Investigations
- 30-918 Powers and Duties of the Director
- 30-919 Prohibited Practices
- 30-920 Remedies
- 30-931 No Impairment of Other Remedies
- 30-932 Continuing Jurisdiction
- 30-933 Status of Preexisting Escrows
- 30-934 Severability
- Title 27 Chapter 4
- 27-401 Declaration Of Policy
- 27-402 Short Title
- 27-403 Definitions
- 27-404 Corporate Form Required Hereafter For Perpetual Or Endowed Care Cemetery
- 27-405 Articles Of Incorporation — Trust Fund
- 27-406 Duty Of Owner Of Cemetery In Existence At Date Of Act
- 27-407 Trust Fund Required Before Sale Of Lots
- 27-408 Instrument In Writing
- 27-409 Existing Cemeteries — Application Of Law
- 27-410 Funds Deemed For Charitable Purpose — Tax Exempt — Future Interests
- 27-411 Annual Registration Statement With Administrator
- 27-412 Suits To Enforce Statute
- 27-413 Records Subject to Examination
- 27-416 Rules And Regulations
- 27-420 Cemetery Examination Fees
- 27-421 Contributions
- 27-422 Exemption From Taxation
- 27-423 Violations — Misdemeanors
- 27-423A Injunctive Power
- 27-424 Act Inapplicable To Certain Cemeteries
- Title 26 Chapter 37
- 26-3701 Short Title
- 26-3702 Statement of Purpose
- 26-3703 Definitions
- 26-3704 Registration — Annual Fee
- 26-3705 Disclosure Statement of Financial Responsibility
- 26-3706 Specification for Residence Contracts
- 26-3707 Escrow — Trust — Surety Bond — Collection of Deposits
- 26-3708 Cross-Collateralization Prohibited
- 26-3709 Audits
- 26-3710 Civil Liability
- 26-3711 Injunctions
- 26-3712 Denial, Suspension, Revocation of Registration — Grounds
- 26-3713 Oaths, Subpoenas, Punishment, Exemption from Criminal Prosecution for Testimony
- 26-3714 Criminal Penalties
- 26-3715 Regulatory Authority