Title 45 — Trade and Commerce
49 chapters · 1,288 sections in this title.
AS 45.50.594 Investigatory demand for attendance of witness.
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(a) In connection with an investigation authorized by AS 45.50.590, the attorney general may issue an investigative demand compelling the attendance of a person for examination under oath before the attorney general or before a court of record. (b) Each demand shall (1) state the…
AS 45.50.596 Definitions.
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In AS 45.50.562 — 45.50.596, (1) “asset” includes any property, tangible or intangible, real, personal, or mixed and wherever located, and any other thing of value; (2) “documentary evidence” includes an original or copy of a book, record, report, memorandum, paper, communication…
AS 45.50.598 Short title.
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Article 5. Deceptive Advertising of Civil Defense Aids. AS 45.50.562 — 45.50.598 may be cited as the Alaska Restraint of Trade Act.
AS 45.50.600 Power and duty of director of civil defense.
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The state director of civil defense (1) may adopt regulations under AS 44.62 (Administrative Procedure Act) defining fair standards in the advertising and sale of civil defense aids; and (2) shall prohibit unfair or deceptive practices.
AS 45.50.601 Content of regulations.
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Regulations adopted by the state director of civil defense must prohibit the following practices: (1) exaggerated or misleading claims of protection afforded by shelters; (2) the use of misleading pictures; (3) the use of deceptive pricing practices; (4) the use of guarantees in …
AS 45.50.602 Content of installment or credit purchase plans.
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Installment or credit purchase plans for civil defense aids must include a clear statement of financial terms, including a statement of annual simple interest.
AS 45.50.603 Prosecution by attorney general.
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The attorney general shall prosecute any legal action on behalf of the state director of civil defense.
AS 45.50.604 Criminal and civil penalties.
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A person who violates a provision of AS 45.50.600 — 45.50.606 or a regulation adopted by the state director of civil defense under AS 45.50.600 — 45.50.606 is punishable by a fine of not more than $500, or by imprisonment for not more than six months, or, in the alternative, is s…
AS 45.50.606 Definition of “civil defense aid”.
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Article 6. Alaska Gasoline Products Leasing Act. In AS 45.50.600 — 45.50.606 “civil defense aid” means a product, service, structure, or improvement intended for use by civilians as a protection against a result of an attack by a foreign power on the United States and includes bu…
AS 45.50.800 Disclosures to be made by distributors and refiners before conclusion of agreement.
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Before entry into a lease agreement, a refiner or distributor shall disclose to the dealer facts that would reasonably be considered material to the dealer's decision to enter into the lease. These facts must include, but not be limited to, (1) ownership of property of the retail…
AS 45.50.810 Violations.
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(a) A person may not, directly or indirectly, through officers, employees, or agents, (1) require the dealer at the time of entering into the lease agreement to relieve any person from liability imposed by AS 45.50.800 — 45.50.850; (2) require the dealer to agree to waive the rig…
AS 45.50.820 Obligation of distributor to repurchase upon termination, etc., of agreement.
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If the refiner or distributor terminates, cancels, or fails to renew under AS 45.50.810(c)(1), (2), or (3) or for any good cause other than under AS 45.50.810(c)(4), the refiner or distributor shall compensate the dealer for the fair market value of the business, excluding goodwi…
AS 45.50.825 Right of first refusal of surviving spouse.
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Unless provided otherwise by the lease, upon the death of the lessee the lease shall terminate and the surviving spouse shall have the right of first refusal of the new lease if the surviving spouse has been an active participant in the business and is qualified.
AS 45.50.830 Court to determine fair market value when parties cannot agree.
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If under AS 45.50.820 the distributor or refiner has good cause and the distributor or refiner and the dealer cannot agree on the fair market value of the business, then either party may initiate an action in the superior court where the retail outlet exists. Reasonable attorney …
AS 45.50.840 Definitions.
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In AS 45.50.800 — 45.50.830, unless the context otherwise requires, (1) “dealer” means a person primarily engaged in the sale of gasoline to the motoring public through a retail outlet leased from the refiner or distributor or its agent by the person and operated by the person; (…
AS 45.50.850 Short title.
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Article 7. Sound Recordings. AS 45.50.800 — 45.50.850 may be cited as the Alaska Gasoline Products Leasing Act. Article 8. Alaska Uniform Trade Secrets Act.
AS 45.50.900 Reproduction and sale of sound recordings without consent.
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(a) A person who (1) reproduces for sale, sells, offers for sale, or knowingly advertises for sale any sound recording that has been reproduced without the written consent of the owner or (2) advertises, offers for sale or resale, or sells or resells a phonograph record, disc, wi…
AS 45.50.910 Injunctive relief for misappropriation of trade secrets.
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(a) A court may enjoin actual or threatened misappropriation of trade secrets. Upon application to the court, an injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time in order to e…
AS 45.50.915 Damages.
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(a) In addition to or in lieu of injunctive relief, a complainant may recover damages for the actual loss caused by misappropriation. A complainant also may recover for the unjust enrichment caused by misappropriation that is not taken into account in computing damages for actual…
AS 45.50.920 Preservation of secrecy.
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In an action under AS 45.50.910 — 45.50.945, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding in-camera hearings, sealing the records of the action, an…
AS 45.50.925 Limitation of actions.
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An action for misappropriation must be brought within three years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. For the purposes of this section, a continuing misappropriation constitutes a single claim.
AS 45.50.930 Effect on other laws.
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(a) AS 45.50.910 — 45.50.945 displace conflicting tort, restitutionary, and other state laws pertaining to civil liability for misappropriation of a trade secret. (b) AS 45.50.910 — 45.50.945 do not affect (1) contractual or other civil liability or relief that is not based upon …
AS 45.50.935 Uniformity of application and construction.
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AS 45.50.910 — 45.50.945 shall be applied and construed to make the law uniform with respect to trade secrets among states enacting similar provisions.
AS 45.50.940 Definitions.
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In AS 45.50.910 — 45.50.945, unless the context otherwise requires, (1) “improper means” includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means; (2) “misappropriation” means (A) ac…
AS 45.50.945 Short title.
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AS 45.50.910 — 45.50.945 may be cited as the Alaska Uniform Trade Secrets Act.
AS 45.53.010 Tobacco product Master Settlement Agreement recognized.
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The Master Settlement Agreement entered into by certain United States tobacco product manufacturers and the state, and related documents, for settlement of claims raised in State of Alaska v. Philip Morris, Incorporated, and approved by the Alaska Superior Court on February 9, 19…
AS 45.53.020 Requirements.
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(a) Any tobacco product manufacturer selling cigarettes to consumers within the state, whether directly or through a distributor, retailer, or similar intermediary or intermediaries, after June 4, 1999, shall do one of the following: (1) become a participating manufacturer, as th…
AS 45.53.030 Regulations.
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The commissioner of revenue shall adopt regulations under AS 44.62 (Administrative Procedure Act) necessary to ascertain the amount of excise tax paid on the cigarettes of a tobacco product manufacturer for each year for which the manufacturer is required to place money into a qu…
AS 45.53.040 Certification of compliance; civil actions.
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(a) A tobacco product manufacturer that elects to comply with AS 45.53.020 by placing money into escrow under that section shall annually, at the time of compliance, certify to the commissioner of revenue that it is in compliance with AS 45.53.020. (b) If the commissioner of reve…
AS 45.53.100 Definitions.
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In this chapter, (1) “adjusted for inflation” means increased in accordance with the formula for inflation adjustment set out in Exhibit C to the Master Settlement Agreement; (2) “affiliate” means a person who directly or indirectly owns or controls, is owned or controlled by, or…
AS 45.55.010 §§ 45.55.010 — 45.55.120. Sales and purchases; advisory activities; unethical business practices of state investment advisers, investment adviser representatives, and federal covered advisers; fraudulent, dishonest, and unethical business practices of broker-dealers and agents; additional fraudulent, dishonest, and unethical business practices of agents; practices of broker-dealers and agents considered fraudulent or deceitful; registration requirements; referrals; limited registration of Canadian broker-dealers and agents; registration procedure; notice filing; post-registration provisions; denial, revocation, suspension, cancellation, and withdrawal of registration; registration requirement; federal covered securities; registration by notification; registration by coordination; registration by qualification; provisions applicable to registration and notice filings; denial, suspension, and revocation of registration.
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[Repealed or reserved.]
AS 45.55.130 [Renumbered as AS 45.55.990.]
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[Repealed or reserved.]
AS 45.55.138 Application to Alaska Native Claims Settlement Act corporations.
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The initial issue of stock of a corporation organized under Alaska law under 43 U.S.C. 1601 et seq. (Alaska Native Claims Settlement Act) is not a sale of a security under AS 45.56.100 and 45.56.900(29).
AS 45.55.139 Reports of corporations.
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A copy of all annual reports, proxies, consents or authorizations, proxy statements, and other materials relating to proxy solicitations distributed, published, or made available by any person to at least 30 Alaska resident shareholders of a corporation organized under Alaska law…
AS 45.55.140 [Renumbered as AS 45.55.900.]
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[Repealed or reserved.]
AS 45.55.150 §§ 45.55.150 — 45.55.155. Sales and advertising literature; viatical settlement interests.
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[Repealed or reserved.]
AS 45.55.160 Misleading filings.
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A person may not, in a document filed with the administrator or in a proceeding under this chapter, make or cause to be made an untrue statement of a material fact or omit to state a material fact necessary in order to make the statements made, in the light of the circumstances u…
AS 45.55.170 §§ 45.55.170 — 45.55.175. Unlawful representations concerning registration or exemption; exemption for certain security sales and offerings.
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[Repealed or reserved.]
AS 45.55.180 Secs. 45.55.180 — 45.55.260. [Renumbered as AS 45.55.905 — 45.55.980.]
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[Repealed or reserved.]
AS 45.55.265 Accounting and disposition of fees. [Repealed, § 28 ch 90 SLA 1991.]
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[Repealed or reserved.]
AS 45.55.270 [Renumbered as AS 45.55.995.]
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[Repealed or reserved.]
AS 45.55.900 Exemptions.
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[Repealed or reserved.]
AS 45.55.905 Administration of chapter.
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(a) The Department of Commerce, Community, and Economic Development shall administer this chapter. (b) The administrator or an officer or employee of the administrator may not use for personal benefit information that is filed with or obtained by the administrator and that is not…
AS 45.55.910 Investigations and subpoenas; confidentiality.
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(a) The administrator may (1) make public or private investigations inside or outside this state considered necessary to determine whether a person has violated or is about to violate any provision of this chapter or a regulation or order under this chapter, or to aid in the enfo…
AS 45.55.915 Reimbursement of expenses incident to examination or investigation.
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[Repealed or reserved.]
AS 45.55.920 Orders, injunctions, and civil penalties.
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(a) If it appears to the administrator that a person has engaged or is about to engage in an act or practice in violation of a provision of this chapter or regulation or order under this chapter, the administrator may (1) in the public interest issue an order (A) directing the pe…
AS 45.55.925 Criminal penalties.
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(a) In addition to the civil penalties assessed under AS 45.55.920, a person who wilfully violates a provision of this chapter except AS 45.55.160, or who wilfully violates a regulation or order under this chapter, or who wilfully violates AS 45.55.160 knowing the statement made …
AS 45.55.930 Civil liability to buyers.
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[Repealed or reserved.]
AS 45.55.935 Hearings.
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(a) The administrator shall adopt regulations, consistent with the provisions of this chapter and with regulations adopted under AS 44.64.060, governing administrative hearings conducted by the office of administrative hearings (AS 44.64.010) for orders issued under AS 45.55.920.…
AS 45.55.940 Judicial review of orders.
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(a) A person aggrieved by a final order of the administrator may obtain a review of the order in the superior court by filing, in accordance with the Rules of Appellate Procedure, a notice of appeal. A copy of the notice of appeal shall be served immediately upon the administrato…