Section 409.846 – Judicial review of commissioner’s orders — procedure — standard of review.
Effective – 28 Aug 1985 409.846. Judicial review of commissioner’s orders — procedure — standard of review. — 1. Any person aggrieved by a final order of the commissioner may obtain judicial review of such order in the manner provided in chapter 536 for the review of contested cases. 2. Upon the filing of a […]
Section 409.848 – Exemptions — burden of proof.
Effective – 28 Aug 1985 409.848. Exemptions — burden of proof. — It shall not be necessary to negative any of the exemptions of sections 409.800 to 409.863 in any complaint, information or indictment, or any writ or proceeding brought under sections 409.800 to 409.863; and the burden of proof of any such exemption shall […]
Section 409.850 – Broker-dealers, sales representatives — applications for licenses — fees.
Effective – 28 Aug 1985 409.850. Broker-dealers, sales representatives — applications for licenses — fees. — 1. An applicant for licensing as a commodity broker-dealer or commodity sales representative shall file with the commissioner an application for licensing together with a consent to service of process pursuant to section 409.838. The application for licensing shall […]
Section 409.853 – Examinations.
Effective – 28 Aug 1985 409.853. Examinations. — 1. The commissioner may, by rule or order, impose an examination requirement upon: (1) Any applicant applying for licensing under sections 409.850 to 409.863; or (2) Any class of applicants. 2. Any examination required may be administered by the commissioner, or his designee. Examinations may be oral, […]
Section 409.820 – Investigations by commissioner, subpoena powers — judicial enforcement.
Effective – 28 Aug 1985 409.820. Investigations by commissioner, subpoena powers — judicial enforcement. — 1. The commissioner may make investigations, within or without this state, as he finds necessary or appropriate to: (1) Determine whether any person has violated, or is about to violate, any provision of sections 409.800 to 409.863 or any rule […]
Section 409.823 – Violations — powers of commissioner.
Effective – 28 Aug 1985 409.823. Violations — powers of commissioner. — 1. If the commissioner believes, whether or not based upon an investigation conducted under section 409.820, that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of sections 409.800 to 409.863 or […]
Section 409.826 – Violations of domestic or foreign laws, rules — legal and equitable remedies.
Effective – 28 Aug 1985 409.826. Violations of domestic or foreign laws, rules — legal and equitable remedies. — 1. (1) Upon a proper showing by the commissioner that a person has violated, or is about to violate, any provision of sections 409.800 to 409.863 or any rule or order of the commissioner, the circuit […]
Section 409.828 – Penalties.
Effective – 28 Aug 1985 409.828. Penalties. — 1. Any person who willfully violates any provision of sections 409.800 to 409.863 shall, upon conviction, be fined not more than twenty thousand dollars or imprisoned for not more than ten years, or both, for each such violation. 2. The commissioner may refer such evidence as is […]
Section 409.806 – Exempt transaction — rules, generally, this chapter, procedure.
Effective – 28 Aug 1995 409.806. Exempt transaction — rules, generally, this chapter, procedure. — 1. The provisions of section 409.803 shall not apply to the following: (1) A transaction within the exclusive jurisdiction of the Commodity Futures Trading Commission as granted under the Commodity Exchange Act; (2) A commodity contract for the purchase of […]
Section 409.808 – Commodity merchants — license required, boards of trade — designation required.
Effective – 28 Aug 1985 409.808. Commodity merchants — license required, boards of trade — designation required. — 1. No person shall engage in a trade or business or otherwise act as a commodity merchant unless such person is registered or temporarily licensed with the Commodity Futures Trading Commission for each activity constituting such person […]