The Vermont Statutes Online

Title 9 : Commerce and Trade

Chapter 150 : Securities Act

Subchapter 006 : Administration and Judicial Review

• § 5607. Public records; confidentiality

  (a) Except as otherwise provided in subsection (b) of this section, records obtained by the Commissioner or filed under this chapter, including a record contained in or filed with a registration statement, application, notice filing, or report, are public records and are available for public examination.

  (b) The following records are not public records and are not available for public examination and copying under the Public Records Act or under subsection (a) of this section:

  (1) a record obtained by the Commissioner in connection with an audit or inspection under subsection 5411(d) of this title or an investigation under section 5602 of this title;

  (2) a part of a record filed in connection with a registration statement under sections 5301 and 5303 through 5305 of this title or a record under subsection 5411(d) of this title that contains trade secrets or confidential information if the person filing the registration statement or report has asserted a claim of confidentiality or privilege that is authorized by law;

  (3) a record that is not required to be provided to the Commissioner or filed under this chapter and is provided to the Commissioner only on the condition that the record will not be subject to public examination or disclosure;

  (4) a nonpublic record received from a person specified in subsection 5608(a) of this title;

  (5) any Social Security number, residential address unless used as a business address, and residential telephone number unless used as a business telephone number, contained in a record that is filed;

  (6) a record obtained by the Commissioner through a designee of the Commissioner that a rule or order under this chapter determines has been:

  (A) expunged from the Commissioner’s records by the designee; or

  (B) determined to be nonpublic or nondisclosable by that designee if the Commissioner finds the determination to be in the public interest and for the protection of investors;

  (7) records relating to the notice requirement in subsection 5602(f) of this title; and

  (8) records otherwise exempt from public disclosure pursuant to 1 V.S.A. § 317(c).

  (c) If disclosure is for the purpose of a civil, administrative, or criminal investigation, action, or proceeding or to a person specified in subsection 5608(a) of this title, the Commissioner may disclose a record obtained in connection with an audit or inspection under subsection 5411(d) of this title or a record obtained in connection with an investigation under section 5602 of this title. (Added 2005, No. 11, § 1, eff. July 1, 2006; amended 2013, No. 29, § 21, eff. May 13, 2013.)