South Carolina § 39-73-340 - Authority to promulgate regulations, forms, and orders; insulation from liability for acts or omissions done in good faith.

§ 39-73-340. Authority to promulgate regulations, forms, and orders; insulation from liability for acts or omissions done in good faith.

(A) In addition to specific authority granted elsewhere in this chapter, the administrator may make, amend, or rescind regulations, forms, and orders as are necessary to carry out this chapter. The regulations or forms must include, but are not limited to, regulations defining terms, whether or not used in this chapter. The definitions must not be inconsistent with this chapter. For the purpose of regulations or forms the administrator may classify commodities and commodity contracts, persons, and matters within the administrator's jurisdiction.

(B) Unless specifically provided in this chapter, no regulation, form, or order may be adopted, amended, or rescinded unless the administrator finds that action is:

(1) necessary or appropriate in the public interest or for the protection of investors;

(2) consistent with the purposes fairly intended by the policy and provisions of this chapter.

(C) Regulations and forms of the administrator must be published.

(D) A provision of this chapter imposing liability does not apply to an act done or omitted in good faith in conformity with a regulation, order, or form adopted by the administrator, notwithstanding that the regulation, order, or form may be amended, rescinded, or determined by judicial or other authority to be invalid.

HISTORY: 1993 Act No. 68, SECTION 1, eff 200 days after approval (approved May 14, 1993); 2025 Act No. 67 (H.4247), SECTION 8, eff May 22, 2025.

Effect of Amendment

2025 Act No. 67, SECTION 8, in (A), made a nonsubstantive change.