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Corporate Oversight Division (COD)
The Corporate Oversight Division (COD) takes a primary enforcement role in a number of civil matters, including antitrust, consumer protection, and charitable trusts.
- Antitrust: The Division investigates and litigates price fixing, market allocation, monopolization, and similar types of antitrust matters, including merger and acquisition reviews and examination of non-complete agreements.
- Consumer Protection: The Division actively enforces state consumer protection laws, including the Michigan Consumer Protection Act. These efforts seek to address such issues as deceptive business practices, usurious lending, price gouging, and other consumer-related matters. The Division also provides education and assistance to persons and small businesses experiencing identity theft.
- Charitable Trusts: The Division houses the Attorney General’s Charitable Trust Section, which functions for Michigan citizens as a repository of financial and other information about charities they may want to support. The Division provides legal advice to the Attorney General’s Charitable Trust Section and represents them in court when necessary. In addition, the Division represents the Attorney General in supervising and enforcing charitable gifts on behalf of the public.
The Corporate Oversight Division also provides representation and counsel to the Department of Insurance and Financial Services (DIFS), the Department of Health and Human Services (DHHS), the Department of Licensing and Regulatory Affairs-Corporations, Securities and Commercial Licensing Bureau (LARA-CSCLB) and the Department of Treasury-Bureau of Investments (Treasury-BOI).
- DIFS: The Division represents DIFS in matters relating to receivership, rehabilitation, and liquidation proceedings involving banks, insurance companies, and other regulated financial entities. The Division reviews insurance company articles of incorporation and amendments. The Division represents DIFS in lawsuits filed in state or federal court and in administrative appeals. It also provides general legal advice and assistance regarding statutes that DIFS enforces.
- DHHS: The Division represents DHHS in matters relating to public health and behavioral health, including administrative and court actions involving emergency medical services, health facilities, health provider audits and oversight, vital records, and WIC. The Division is also involved in state health planning through the Certificate of Need program and review of health facility consolidations. It also provides general legal advice and assistance regarding statutes that DHHS enforces.
- LARA-BCSCL: The Division represents LARA-BCSCL in matters relating to corporations and securities. It commences any necessary actions to dissolve corporations or limited liability companies. The Division also assists LARA-BCSCL in matters involving licensing under Michigan’s Uniform Securities Act.
- Treasury-BOI: The Division assists Treasury-BOI with securities fraud cases involving the State of Michigan Retirement System (SMRS). SMRS invests on behalf of retirement plans for Michigan Public School Employees, State Employees, State Police, and Michigan Judges.
The Corporate Oversight Division also oversees Consumer Protection Intake, Charitable Trusts, and Franchises.
- Consumer Protection Intake fields citizen questions, mediates consumer complaints, encourages compliance with consumer protection laws, and proactively educates Michigan citizens. Intake mediates complaints related to more than 35 state statutes. Under many of these statutes, the Attorney General has exclusive or primary compliance and enforcement jurisdiction.
- Franchisors and those offering for sale “business opportunity” must provide the Corporate Oversight Division with notice of their intent to offer or sell.
- Charitable Trusts’ duties include processing charitable solicitation registrations and
charitable trust registrations.