§ 75-89-43. Failure to make timely delivery not a violation when caused by factors beyond control of seller, seller’s agents, etc.
It shall be a defense in any complaint, information, indictment, any writ or proceeding brought under this chapter alleging a violation of Section 75-89-5 based solely on the failure in an individual case to make physical delivery within the applicable time period under paragraph (e) of Section 75-89-3 or paragraph (1)(b) of Section 75-89-9 that: […]
§ 75-89-13. Fraudulent or deceitful acts, false or misleading statements or reports, and the like prohibited
No person, in connection with the purchase or sale of, the offer to sell, the offer to purchase, the offer to enter into, or the entry into any commodity contract or commodity option, shall directly or indirectly: Cheat or defraud, or attempt to cheat or defraud, any other person or employ any device, scheme or […]
§ 75-89-45. Interpretative opinions; no-action determinations
The administrator may honor requests from interested persons for interpretative opinions or may issue determinations that no enforcement proceedings will be instituted against certain specified persons for engaging in certain specified activities when the determination is consistent with the purposes fairly intended by the policy and provisions of this chapter. The administrator may charge a […]
§ 75-89-15. Vicarious or agency liability
The act, omission or failure of any official, agent, or other person acting for any individual, association, partnership, corporation or trust within the scope of his employment or office shall be deemed the act, omission or failure of such individual, association, partnership, corporation or trust, as well as of such official, agent or other person. […]
§ 75-91-1. Short title
This chapter shall be known and may be cited as the “Truth in Music Advertising Act.”
§ 75-89-17. Purpose and construction; no private rights or remedies created
This chapter may be construed and implemented to effectuate its general purpose to protect investors, to prevent and prosecute illegal and fraudulent schemes involving commodity contracts and to maximize coordination with federal and other states’ laws and the administration and enforcement thereof. This chapter is not intended to create any rights or remedies upon which […]
§ 75-91-3. Definitions
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: “Performing group” means a vocal or instrumental group seeking to use the name of another group that has previously released a commercial sound recording under that name. “Recording group” […]
§ 75-89-19. Investigation and enforcement by administrator; compulsion of testimony and other evidence
The administrator may conduct investigations, within or without this state, as he finds necessary or appropriate to: Determine whether any person has violated, or is about to violate, any provision of this chapter or any rule or order of the administrator; or Aid in enforcement of this chapter. The administrator may publish information concerning any […]
§ 75-91-5. Advertising or conducting live musical performance or production through use of false or misleading affiliation or connection between performing group and recording group prohibited; exceptions
It shall be unlawful for any person to advertise or conduct a live musical performance or production in this state through the use of a false, deceptive or misleading affiliation, connection or association between a performing group and a recording group. This section does not apply if any of the following apply: The performing group […]
§ 75-89-21. Action by administrator to prevent, enjoin, and prosecute violations; administrative penalties
If the administrator believes, whether or not based upon an investigation conducted under Section 75-89-19, that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this chapter or any rule or order hereunder, the administrator may seek any or all of the following […]