§ 11-53-211. Interpretive Opinions
The securities commissioner may honor requests from interested persons for confirmation of the applicability of particular exclusions from the definitions set forth in section 11-53-102, for the applicability of exemptions set forth in sections 11-53-104 and 11-53-105, and for the applicability of any other provision of this article. Any person making such a request shall […]
§ 11-53-204. Criminal Penalties – Statute of Limitations
Any person who willfully violates any provision of this article, except section 11-53-108, or who willfully violates section 11-53-108 when the person knows or should know that the statement the person makes in violation of section 11-53-108 is false or misleading in any material respect commits a class 3 felony and shall be punished as […]
§ 11-53-205. Administration of Article
This article shall be administered by the commissioner as the head of the division of securities within the department of regulatory agencies. Neither the commissioner nor any employees of the commissioner shall use any information which is filed with or obtained by the commissioner or the designee of the commissioner which is not public information […]
§ 11-53-206. Cooperation With Other Agencies
To encourage uniform application and interpretation of this article and commodities regulation and enforcement in general, the commissioner and the employees of the commissioner may cooperate, including bearing the expense of such cooperation, with law enforcement and other regulatory agencies of this state or other jurisdictions. The cooperation authorized by subsection (1) of this section […]
§ 11-53-207. General Authority to Adopt Rules, Forms, and Orders
In addition to specific authority granted elsewhere in this article, the commissioner may make, amend, and rescind such rules, forms, and orders as are necessary to carry out the provisions of this article. Such rules or forms shall include, but need not be limited to, rules defining any terms, whether or not used in this […]
§ 11-53-208. Scope of Article
Sections 11-53-103, 11-53-106, and 11-53-107 apply to persons who sell or offer to sell when an offer to sell is made in this state or when an offer to buy is made and accepted in this state. Sections 11-53-103, 11-53-106, and 11-53-107 apply to persons who buy or offer to buy when an offer to […]
§ 11-53-209. Pleading Exemptions
It shall not be necessary to plead in the negative any of the exemptions of this article in any complaint, information, or indictment or any writ or proceeding brought under this article; and the burden of proof of any such exemption shall be upon the party claiming the same. Source: L. 89: Entire article R&RE, […]
§ 11-53-210. Affirmative Defenses
It shall be an affirmative defense in any complaint, information, or indictment, or to any writ or proceeding brought under this article alleging a violation of section 11-53-103 based solely on the failure in an individual case to make physical delivery within the applicable time period under section 11-53-102 (5) or 11-53-105 (1)(b) if: Failure […]
§ 11-53-106. Unlawful Commodity Activities
No person shall engage in a trade or business of or otherwise act as a commodity merchant unless such person is either: Registered or temporarily licensed with the commodity futures trading commission for each activity constituting such person as a commodity merchant, and such registration or temporary license has not expired or been suspended or […]
§ 11-53-107. Fraudulent Conduct
No person shall, directly or indirectly, in or 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 of any commodity contract or commodity option prohibited by section 11-53-103 or made pursuant to section 11-53-104 or 11-53-105 (1)(b) or (1)(d): […]