Title 45 — Trade and Commerce
49 chapters · 1,288 sections in this title.
AS 45.56.700 Civil enforcement.
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(a) If the administrator believes that a person has engaged, is engaging, or is about to engage in an act, practice, or course of business constituting a violation of this chapter or a regulation adopted or order issued under this chapter, or that a person has engaged, is engagin…
AS 45.56.710 Civil liability.
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(a) Enforcement of civil liability under this section is subject to P.L. 105-353 (Securities Litigation Uniform Standards Act of 1998). (b) A person is liable to the purchaser if the person sells a security in violation of AS 45.56.100, or by means of an untrue statement of a mat…
AS 45.56.720 Rescission offers.
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(a) A purchaser, seller, or recipient of investment advice may not maintain an action under AS 45.56.710 if (1) the purchaser, seller, or recipient of investment advice receives, in a record, before the action is instituted, (A) an offer stating the respect in which liability und…
AS 45.56.730 Criminal enforcement.
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(a) A person who intentionally violates this chapter, except AS 45.56.550 or the notice filing requirements of AS 45.56.200 or 45.56.360, is guilty of a class C felony punishable by imprisonment under AS 12.55.125 or by a fine of not more than $100,000, or by both. (b) A person w…
AS 45.56.740 Judicial review.
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(a) A person may obtain judicial review by the superior court of a final order issued by the administrator under this chapter by filing a notice of appeal in accordance with the applicable rules of court governing appeals in civil matters. The notice of appeal shall be filed with…
AS 45.56.800 Reimbursement of expenses incident to examination or investigation.
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(a) The administrator may require an issuer, broker-dealer, agent, investment adviser representative, federal covered adviser, or investment adviser to reimburse the administrator for actual travel expenses and per diem incurred in connection with an examination or investigation …
AS 45.56.810 Electronic records and signatures.
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This chapter modifies, limits, and supersedes 15 U.S.C. 7001 — 7031 (Electronic Signatures in Global and National Commerce Act), but does not modify, limit, or supersede 15 U.S.C. 7001(c) or authorize electronic delivery of any of the notices described in 15 U.S.C. 7003(b). This …
AS 45.56.820 References to federal statutes.
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In this chapter, a reference to the following federal statutes, including a statute within a spanned reference, means those statutes and the rules and regulations adopted under those statutes, as in effect on the date of enactment of this chapter: (1) 7 U.S.C. 1 — 27 (Commodity E…
AS 45.56.830 References to federal agencies.
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A reference in this chapter to an agency or department of the United States is also a reference to a successor agency or department.
AS 45.56.900 Definitions.
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In this chapter, unless the context otherwise requires, (1) “administrator” means the commissioner of commerce, community, and economic development or a designee of the commissioner; (2) “agent” means an individual, other than a broker-dealer, who represents a broker-dealer in ef…
AS 45.56.995 Short title.
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This chapter may be cited as the Alaska Securities Act.
AS 45.57.010 Provisions of takeover bids.
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The following provisions apply to every takeover bid: (1) the period of time within which securities may be tendered by an offeree under a takeover bid shall not be less than 21 days nor more than 35 days from the date copies of the takeover bid are first published or sent or giv…
AS 45.57.020 Disclosure.
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(a) An offeror may not make a takeover bid unless at least 20 days before the bid the offeror files with the department and with the registered agent of the offeree company a statement containing all the information required by (c) of this section and either (1) within 10 days fo…
AS 45.57.030 Recommendations to accept or reject.
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A written solicitation or recommendation to offerees, other than by the offeror, to accept or reject a takeover bid shall be filed with the department not later than the time copies of the solicitation or recommendation are first published or sent or given to offerees.
AS 45.57.040 Deceptive practices.
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It is unlawful for a person to make or omit or cause to be made or omitted, in a document filed or in a proceeding under this chapter, a statement which is, at the time and in the light of the circumstances under which it is made, false or misleading in a material respect. It is …
AS 45.57.050 Investigations and subpoenas.
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(a) The department in its discretion may (1) make public or private investigations inside or outside this state as it considers necessary to determine whether a person has violated or is about to violate a provision of this chapter or an order under this chapter; (2) require or p…
AS 45.57.060 Injunctions.
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When it appears to the department that a person has engaged or is about to engage in an act or practice in violation of a provision of this chapter or an order under this chapter, it may bring an action in the superior court to enjoin the acts or practices and to enforce complian…
AS 45.57.070 Criminal penalties.
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A person who wilfully violates a provision of this chapter, upon conviction, is punishable by a fine of not more than $5,000, or by imprisonment for not more than three years, or by both. However, a person may not be imprisoned for the violation of an order if the person proves t…
AS 45.57.080 Civil liabilities.
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(a) An offeror who (1) makes a takeover bid which does not comply with the provisions of this chapter or (2) makes a takeover bid by means of a statement which is, at the time and in the light of the circumstances under which it is made, false or misleading in a material respect,…
AS 45.57.090 Consent to service of process.
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A nonresident offeror, except a foreign corporation which has complied with AS 10.06.705 — 10.06.788, who makes a takeover bid affecting an offeree company is considered to have appointed the commissioner of commerce, community, and economic development as the offeror's agent upo…
AS 45.57.100 Regulations.
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The department may adopt regulations and forms that are necessary or desirable to carry out the provisions of this chapter.
AS 45.57.110 Definitions.
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In this chapter, unless the context requires otherwise, (1) “associate of the offeror” means (A) a corporation or other organization of which the offeror is an officer, director or partner, or is, directly or indirectly, the beneficial owner of 10 percent or more of any class of …
AS 45.57.120 Short title.
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This chapter may be cited as the Takeover Bid Disclosure Act.
AS 45.63.010 Registration.
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(a) A person may not sell or attempt to sell property or services by telephonic means if the person makes substantially the same offer on substantially the same terms to two or more persons, unless the telephone seller is registered with the Department of Law at least 30 days bef…
AS 45.63.015 Registration fees.
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Each separate registration filed under AS 45.63.010(b) must be accompanied by a registration fee. The department shall establish the amount of the fee by regulation. The fees required by this section are nonrefundable and shall be deposited in the general fund.
AS 45.63.020 Written contract required.
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Until a telephone seller receives from a buyer a signed, written contract for the purchase, the telephone seller may not solicit payment for the purchase, charge a credit card account for the purchase, negotiate a check or other commercial instrument intended for payment of the p…
AS 45.63.030 Cancellation or replacement.
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(a) Notwithstanding AS 45.01 — AS 45.08, AS 45.12, AS 45.14, and AS 45.29 (Uniform Commercial Code), a telephone seller shall give the buyer a refund, credit, or replacement, at the option of the buyer, if (1) the property or services purchased are defective, not as represented, …
AS 45.63.040 Prohibited representations.
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(a) Unless the telephone seller is asked for the information by the buyer, the seller may not state or imply that the seller has a license, consent, or other form of permission from the state. (b) A telephone seller may not state or imply that (1) the seller is complying with sta…
AS 45.63.045 Required representations; prohibitions.
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(a) A telephone seller shall (1) within the first 15 seconds of a call and in a clear and conspicuous manner, disclose the registered seller's name and telephone number, whom the registered seller represents, and that the call is a sales call; and (2) repeat the information at an…
AS 45.63.050 Waiver prohibited and void.
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A telephone seller may not request or obtain from a buyer a waiver of the rights of the buyer under this chapter. A waiver of the rights of a buyer under this chapter is void.
AS 45.63.060 Criminal penalties.
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(a) A person who sells or attempts to sell property or services by telephonic means by making substantially the same offer on substantially the same terms to two or more persons without complying with the registration requirements of AS 45.63.010, or who solicits, or receives, pa…
AS 45.63.070 Remedies not exclusive.
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The remedies in this chapter are in addition to other remedies available to a buyer or the department.
AS 45.63.080 Exemptions.
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(a) AS 45.63.010, 45.63.015, 45.63.020, and AS 45.63.030(c) and (d) do not apply to a sale or attempted sale (1) of a security regulated under AS 45.56 or a security that is exempted by AS 45.56.110 from regulation under AS 45.56; (2) by a person registered with the United States…
AS 45.63.090 Regulations.
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The department shall adopt regulations under AS 44.62 (Administrative Procedure Act) to implement this chapter.
AS 45.63.100 Definitions.
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In this chapter, (1) “buyer” means a person who buys from or is solicited by a seller by telephonic means; (2) “department” means the Department of Law; (3) “notice of intent” means the notice of intent required by AS 45.63.010 to engage in a solicitation campaign; (4) “solicitat…
AS 45.65.010 Identification seals and emblems.
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(a) An Alaska Native person who creates or crafts an original article of authentic Alaska Native art in the state may obtain an identification seal as specified in AS 45.65.030(a) to identify the article. The identification seal may be affixed only to original articles of authent…
AS 45.65.020 Administration of chapter.
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(a) The commissioner of commerce, community, and economic development is responsible for the administration of the provisions of AS 45.65.010 — 45.65.070 relating to the emblem that is authorized under AS 45.65.010(b), including (1) the supervision of the use of the emblem; (2) s…
AS 45.65.030 Design of identification seals and emblems.
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(a) The official symbol for the identification seal is the silver hand symbol. It must bear the words: “Authentic Alaska Native Art from Alaska” and include space for the artist's name and the place of origin of the article. (b) [Repealed, § 5 ch 104 SLA 1992.] (c) The official e…
AS 45.65.040 Identification seal.
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(a) The identification seal may only be used after receiving a permit from the council. (b) [Repealed, § 14 ch 16 SLA 2008.] (c) The council shall establish forms and fees for the applications and permits to be used or issued under this section, the period for which the permits a…
AS 45.65.045 Emblem and emblem agent permits.
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(a) The emblem authorized under AS 45.65.010(b) may not be used without receiving a permit from the commissioner or from an agent who possesses a current permit under (b) of this section. (b) A resident of the state may apply to the commissioner for a permit to act as an agent to…
AS 45.65.050 Affixing seals to handicraft. [Repealed, § 11 ch 104 SLA 1992.]
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[Repealed or reserved.]
AS 45.65.055 Prohibited conduct.
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An individual may not (1) affix or attach the identification seal to an article that is not an original article of authentic Alaska Native art created or crafted in the state; (2) sell or offer for sale an article that has an identification seal affixed or attached but that is no…
AS 45.65.060 Penalties.
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(a) A person who knowingly violates AS 45.65.055 is guilty of a class B misdemeanor. In this subsection, “knowingly” has the meaning given in AS 11.81.900. (b) [Repealed, § 14 ch 16 SLA 2008.] (c) A person who knowingly or wilfully alters, changes, or counterfeits an emblem is gu…
AS 45.65.070 Definitions.
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In AS 45.65.010 — 45.65.070, unless the context otherwise requires, (1) “Alaska Native person” means an individual who is a state resident and who is an enrolled member of an Alaska tribe; in this paragraph, “state resident” means an individual who is physically present in the st…
AS 45.65.080 Secs. 45.65.080 — 45.65.150. [Renumbered as AS 44.33.501 — 44.33.512.]
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Article 2. Artists and Works of Art.
AS 45.65.200 Artists and art dealer relationships.
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(a) When an artist delivers or causes to be delivered a work of art of the artist's own creation to an art dealer for the purpose of sale, or exhibition and sale, on a commission, fee, or other basis of compensation, the acceptance of the work of art by the art dealer is a consig…
AS 45.65.210 Waiver.
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(a) A provision of a contract or agreement whereby the artist waives a provision of AS 45.65.200 is void except as provided in this subsection. An artist may waive the provisions of AS 45.65.200 if the waiver is clear, conspicuous, and agreed to in writing by the artist. A waiver…
AS 45.65.250 Definitions.
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In AS 45.65.200 — 45.65.250, unless the context otherwise requires, (1) “art dealer” means a person engaged in the business of selling works of art, other than a person exclusively engaged in the business of selling goods at public auction; (2) “artist” means the creator of a wor…
AS 45.66.010 Registration required.
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A person may not sell or offer to sell a business opportunity unless the person is registered as a seller with the department at least 30 days before the sale or offer to sell begins and has paid the fee required by AS 45.66.040.
AS 45.66.020 Registration procedure.
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(a) To register under AS 45.66.010, a person shall file with the department (1) the disclosure statement required by AS 45.66.080 and any advertising, pamphlets, brochures, or other materials to be used in the offering or promoting of the business opportunity; (2) the bond requir…