Texas § GV.4003.006 - EXAMINATION OF AND DETERMINATION ON PERMIT APPLICATION

§ GV.4003.006. EXAMINATION OF AND DETERMINATION ON PERMIT APPLICATION

EXAMINATION OF AND DETERMINATION ON PERMIT APPLICATION. (a) On the filing of an application for a permit qualifying securities for sale under this subchapter, the commissioner shall examine the application and the papers and documents filed with the application. (b) After the examination, the commissioner shall: (1) issue a permit to the applicant authorizing the applicant to issue and dispose of the securities if the commissioner determines that: (A) the applicant's proposed plan of business appears to be fair, just, and equitable; (B) any consideration paid or to be paid by promoters for the securities is fair, just, and equitable if that consideration is less than the proposed offering price to the public; and (C) the securities the applicant proposes to issue and the methods to be used by the applicant in issuing and disposing of the securities will not work a fraud upon the purchaser of the securities; or (2) deny the application for a permit and notify the applicant in writing of the commissioner's decision if the commissioner determines that the applicant's proposed plan of business appears to be unfair, unjust, or inequitable. Added by Acts 2019, 86th Leg., R.S., Ch. 491 (H.B. 4171 ), Sec. 1.01, eff. January 1, 2022.