§32B-4-1. Severability of Provisions
If any provision of this chapter or the application thereof to any person or circumstance is held invalid, then the invalidity shall not affect other provisions or applications of the chapter that can be given effect without the invalid provision or application. To this end, the provisions of this chapter are severable.
§32B-2-5. Administration of Chapter
(a) This chapter shall be administered by the commissioner of this state. (b) Neither the commissioner nor any employees of the commissioner may use any information that is filed with or obtained by the commissioner that is not public information for personal gain or benefit, nor may the commissioner nor any employees of the commissioner […]
§32B-1-5. Unlawful Commodity Activities
(a) A person may not engage in a trade or business or otherwise act as a commodity merchant unless the person: (1) Is registered or temporarily licensed with the commodity futures trading commission for each activity in which the person is acting as a commodity merchant and the registration or temporary license has not expired, […]
§32B-1-6. Fraudulent Conduct
(a) A person may not directly or indirectly: (1) Cheat or defraud, or attempt to cheat or defraud any other person or employ any device, scheme or artifice to defraud any other person;
§32B-1-7. Liability of Principals, Controlling Persons and Others
(a) 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 or her employment or office is considered the act, omission or failure of the individual, association, partnership, corporation or trust, as well as of such official, agent or […]
§32B-1-8. Securities Laws Unaffected
Nothing in this chapter impairs, derogates or otherwise affects the authority or powers of the commissioner under the West Virginia Uniform Securities Act, or the application of any provision of chapter thirty-two of this code to any person or transaction subject to its provisions.
§32B-1-9. Purpose
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 […]
§32B-2-1. Investigations
(a) The commissioner may make investigations, within or without this state, as it finds necessary or appropriate to: (1) Determine whether any person has violated, or is about to violate, any provision of this chapter or any rule or order of the commissioner; or
§32B-2-2. Enforcement of Chapter
(a) If the commissioner believes, whether or not based upon an investigation conducted under the provisions of section one of this article, 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 under the provisions of […]
§32B-2-3. Power of Court to Grant Relief
(a) (1) Upon a proper showing by the commissioner that a person has violated, or is about to violate, any provision of this chapter or any rule or order of the commissioner, the circuit court may grant appropriate legal or equitable remedies. (2) Upon showing of violation of this chapter or a rule or order […]