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Rule
9. Involuntary Cancellation of Registration
9.1. The Commission may cancel
the registration of any Pre-Need Plan and the Permit To Sell such Pre-Need Plan
by issuing an Order to this effect, setting forth its findings in respect
thereto, if, after due notice and hearing, it shall appear that the issuer:
a.) Is insolvent;
b.) Has violated
any of the provisions of the Code, or the rules promulgated pursuant thereto, or
any order of the Commission of which the issuer has notice;
c.) Has been or is
engaged or is about to engage in fraudulent transactions;
d.)
Is in any other
way dishonest or has made any fraudulent representation in any circular or
other literature that has been distributed concerning the issuer or its Pre-Need
Plans;
e.) Does not
conduct its business in accordance with law.
9.2. The Commission may compel
the production of all the books and records of the issuer, may administer oaths
to, and examine the officers of such issuer or any other person connected
therewith as to its business or affairs, and may require a balance sheet
exhibiting the assets and liabilities of such issuer and/or its income or profit
statement, certified to by an independent certified public accountant.
9.3. If the issuer shall refuse
to permit an examination to be made by the Commission, its refusal shall give
ground for the cancellation of registration.
9.4. Notice of issuance of an
order of cancellation shall be given by mail, personally, by telephone confirmed
in writing, or by telegraph, to the issuer and every dealer and broker who shall
have notified the Commission of an intention to sell such Pre-Need Plan.
9.5. The power of the
Commission to cancel the registration and/or the Permit To Sell is without
prejudice to its power under the Securities Regulation Code to enforce
compliance therewith.
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