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Investment Complaint Form. This is a Alaska form and can be use in Blue Sky Secretary Of State.
Tags: Investment Complaint Form, 08-115a, Alaska Secretary Of State, Blue Sky
Background Information Regarding Securities Complaints The offer, sale, and purchase of securities are subject to a very complex system of regulation carried out by federal, state, and self-regulatory agencies. State Authority The Alaska Division of Banking and Securities administers Alaska's securities laws, which are located in Title 45, Chapter 55, of Alaska Statutes. The intent of these laws is to protect the investing public by the regulation of both securities professionals and the securities themselves. The focus of a Division investigation is regulatory in nature and is designed primarily to locate and stop violations of state statutes and regulations. Federal Authority As to some matters, the U.S. Securities and Exchange Commission (SEC) and the states both have authority to regulate the industry and, in other matters, each has exclusive authority. For example, the states, the SEC, and the Financial Industry Regulatory Authority (FINRA), the self-regulatory agency for securities firms, all have authority to take action against a broker-dealer. State Remedies The Division cannot represent an investor in a claim for monetary damages. The staff can investigate alleged violations and may suspend or revoke licenses, issue stop orders against securities offerings, issue cease-and-desist orders, seek court-ordered injunctions or receiverships, impose penalties, or refer matters to an appropriate district attorney for criminal prosecution. You are encouraged to consider other additional forums if you are seeking to recover money or securities. Investor Remedies As the purchaser of a security, you have additional individual rights to relief when state or federal laws are violated by the seller. For this reason, we encourage each investor who has grounds to file a securities complaint to consult an attorney and to pursue your independent claims for monetary relief. Act promptly, because by law you may only have a limited time to take legal action. Need for Filing Complaint with the Division You should always file your complaint with the Division, even when you are pursuing your rights in another forum. The Division relies upon complaints received from investors to ensure that securities professionals are complying with the registration laws and to locate and stop investment fraud. Other Forums for Complaint The SEC, as the federal regulatory agency for the securities industry, accepts complaints, which then may provide grounds for regulatory action against a violator of the federal securities laws. The same is true of FINRA. Complaints can be filed with the SEC at http:www.sec.gov/complaint.shtml and with FINRA at https://apps.finra.org/Investor_Information/Complaints/complaintCenter.asp. Form 08-115A Form date (05-2012) American LegalNet, Inc. www.FormsWorkFlow.com INSTRUCTIONS FOR FILING A COMPLAINT How to file a complaint You can file a complaint with Securities Division by completing the attached complaint form and sending it, together with copies of the documents that support your claim to: State of Alaska - Division of Banking and Securities Attn: Securities Section 550 West Seventh Avenue, Suite 1850 Anchorage, AK 99501 Documents that you should send with completed complaint form include copies of: Letters E-mails Trade Confirmations Sales brochures or pamphlets Offering circulars Prospectuses or written offering memorandum Purchase agreements Stock certificates Advertisements Account Agreement Account profile or Suitability reports. Any other items that would help support your claim. These items are not required in order to file a complaint, we simply ask that you provide them if you have them. PLEASE DO NOT SEND YOUR ORIGINAL DOCUMENTS, ONLY PHOTOCOPIES. What should I say in my complaint? The more information that you can provide, the more likely we will be able to promptly decide how we can help you. In order to assist you, it is very important that you provide us with the names, addresses, telephone numbers, and other identifying information concerning any person or entity that you mention in your complaint. It is equally important for you to provide us with the details of any transaction or activity you think violates the Alaska Securities Act. You should present the events in the order in which they occurred and use dates whenever possible. What will the Securities Division do with my complaint? Upon receipt of your complaint, we will file the complaint in the Division's records and consider making an inquiry into the matter. You should be aware that the initial evaluation of your complaint might take several weeks. Moreover, it may take many months before the Division can make a final decision as to whether we should bring an enforcement action based upon your complaint. It is the Division's policy to conduct our inquiries on a confidential basis. This is done to protect the integrity of the investigation and to protect the personal privacy of persons to whom unfounded allegations may be made. 1 of 8 American LegalNet, Inc. www.FormsWorkFlow.com You will usually receive a letter from the Division acknowledging our receipt of your complaint within a few weeks after we have received it. If, after reviewing your complaint, the Division determines that it would not be appropriate or in the public interest for us to pursue your complaint, you will receive follow-up letter to that effect. On the other hand, should the Division elect to pursue an enforcement action, you will be made aware of that fact once our intentions have been made public. In some instances, our actions may be resolved informally or through the issuance of an uncontested "Consent Order." Generally, informal actions are considered "non-public." Consent Orders, however, are a matter of public record. If you have additional questions concerning the complaint process, please telephone the Division at (907) 465-2521 or (907) 269-8140. Is there anything else that I should know about the complaint process? There are a few very important things that you should know about the complaint process: Your complaint and any related investigation information are generally not available for public inspection under the Alaska Public Records Act. While in most instances your complaint shall be treated as a confidential matter, the Division may share a copy of your complaint with the person or firm about which you have complained to further the Division's investigation and evaluation of your complaint. - The Division ma