14 Ill. Adm. Code 130.247
Definition of the Term "Public" as Used in Section 4(G)(4) of the Act
Section 130
Section 130.247 Definition
of the Term "Public" as Used in Section 4(G)(4) of the Act
The term "public" as
used in Section 4(G)(4) of the Act shall not include:
a) A purchaser of the securities named in the Report of Sale, so
long as the information disclosed is limited to the information in such Report,
if any, concerning the sale of securities to the person requesting the
information;
b) The issuer, controlling person or dealer who filed the Report
of Sale with respect to which information is disclosed, or on whose behalf such
Report of Sale was filed with the Secretary;
c) The agent, representative or attorney of a person referred to
in subsection (a) or (b) of this Section, provided that such agent,
representative or attorney submits written authorization from such person
authorizing the release of such information with respect to such person;
d) Any state, federal or other governmental agency, or any self-regulatory
organization registered under the Federal 1934 Act or Federal 1936 Act, as
defined in Section 130.200 of this Part, provided the following conditions are
satisfied:
1) The party seeking the information submits a written request
therefor to the Securities Department;
2) The written request contains a representation that the
information has been requested for purposes of gathering information in
connection with an investigation being conducted by the respective governmental
or self-regulatory authority; and
3) The written request contains an undertaking on behalf of the
respective governmental authority or self-regulatory organization which
provides that any information or documents tendered in response to the request
shall not be disclosed to any person employed outside of the government or
self-regulating organization conducting the investigation without prior written
approval of the Securities Director, or his or her designee unless so ordered
by a court of competent jurisdiction.