North Dakota 2023-2024 Regular Session

North Dakota Senate Bill SB2060

Introduced
1/3/23  
Refer
1/3/23  
Report Pass
1/6/23  
Engrossed
1/9/23  
Refer
2/9/23  
Report Pass
3/7/23  
Enrolled
3/10/23  

Caption

Exempt transaction filling requirements, federal crowdfunding, investment advisors' custody, postregistration recordkeeping, effectiveness of orders, and professional services for investigations.

Impact

The impact of SB 2060 is significant as it clarifies and modernizes various provisions of the North Dakota Century Code related to securities regulation. By implementing stricter requirements for investment advisors regarding custody of client assets and establishing clearer rules for crowdfunding, the bill is designed to protect investors and reduce the risk of fraud within the securities market. Furthermore, the clarification of exempt transaction procedures may incentivize greater participation in investment opportunities by simplifying compliance requirements for issuers.

Summary

Senate Bill 2060 addresses updates to the North Dakota securities laws, particularly focusing on exempt transaction filing requirements, the handling of federal crowdfunding, and the custody procedures for investment advisors. This legislation aims to enhance the effectiveness and efficiency of regulatory processes concerning securities transactions, with an emphasis on ensuring that investment advisors maintain proper custody of client funds and securities. Additionally, it outlines clear guidelines for the registration of broker-dealers and investment advisers to streamline compliance and oversight within the state.

Sentiment

Overall, the sentiment around SB 2060 appears to be supportive among financial regulators and industry professionals. Many stakeholders see the bill as a necessary step in improving the regulatory framework, making it more relevant to current market practices, and enhancing investor protection. However, there are some concerns from critics regarding the potential increase in compliance costs for smaller entities operating in North Dakota, which could affect their ability to compete.

Contention

Notable points of contention include the balance between protecting investors and ensuring that the regulations do not impose undue burdens on smaller firms and startups looking to engage in crowdfunding. Critics argue that stringent custody requirements could stifle innovation and limit access to capital for new businesses. The dialogue surrounding SB 2060 highlights the ongoing challenge of adjusting regulatory frameworks to keep pace with evolving financial markets while ensuring sufficient oversight.

Companion Bills

No companion bills found.

Previously Filed As

ND AB2069

Securities transactions: qualification requirements, exemptions, and liability.

ND AB2527

Securities transactions: qualification requirements, exemptions, and liability.

ND HB3425

Relating to the creation of a intrastate investment market for purposes of trading securities issued under the intrastate crowdfunding exemption from federal securities laws.

ND AB511

Securities transactions: qualification requirements, exemptions, and liability.

ND SB568

Securities; exempting certain securities offerings; requiring certain federal exemption for inrtrastate offerings; limiting certain amount. Emergency.

ND HF94

Securities; investment limit changed for small corporate offerings.

ND SF266

Investment limit modification for small corporate offerings

ND HB2580

Relating to crowdfunding portal regulations.

ND AB1517

Securities transactions: qualifications by permit: liability.

ND AB2637

Broker-dealers: exemptions: finders: filings.

Similar Bills

TX HB3425

Relating to the creation of a intrastate investment market for purposes of trading securities issued under the intrastate crowdfunding exemption from federal securities laws.

CA AB1517

Securities transactions: qualifications by permit: liability.

CT HB05114

An Act Applying The Provisions Of The Connecticut Uniform Securities Act To The Requirement That Broker-dealers Comply With The Currency And Foreign Transactions Reporting Act.

TX SB1581

Relating to the regulation of secondary market transactions related to the business of life settlements; providing penalties; authorizing fees.

TX HB3723

Relating to the regulation of secondary market transactions related to the business of life settlements; providing penalties; authorizing fees.

TX SB1061

Relating to the regulation of secondary market transactions related to the business of life settlements; providing penalties; authorizing fees.

MS HB1153

Digital assets; authorize security interests in.

NH HB1241

Relative to the regulation of money transmitters and relative to license applications and renewals for certain consumer credit entities.