Title 11, Financial Institutions
0 chapters · 699 sections in this title.
Colo. Rev. Stat. § 11-53-101 Short title
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This article shall be known and may be cited as the Colorado Commodity Code. Source: L. 89: Entire article R&RE, p. 629, � 1, effective July 1.
Colo. Rev. Stat. § 11-53-102 Definitions
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As used in this article, unless the context otherwise requires: (1) Board of trade means any person or group of persons engaged in buying or selling any commodity or receiving the same for sale on consignment, whether such person or group of persons is characterized as a board of…
Colo. Rev. Stat. § 11-53-103 Unlawful commodity transactions
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Except as otherwise provided in section 11-53-104 or 11-53-105, no person shall sell or purchase or offer to sell or purchase any commodity under any commodity contract or under any commodity option or offer to enter into or enter into as seller or purchaser any commodity contrac…
Colo. Rev. Stat. § 11-53-104 Exempt person transactions
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(1) The prohibitions in section 11-53-103 shall not apply to any transaction offered by and in which any of the following persons (or any employee, officer, or director thereof acting solely in that capacity) is the purchaser or seller: (a) A person registered with the commodity …
Colo. Rev. Stat. § 11-53-105 Exempt transactions
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(1) The prohibitions in section 11-53-103 shall not apply to the following: (a) An account, agreement, or transaction within the exclusive jurisdiction of the commodity futures trading commission as granted under the commodity exchange act; (b) A commodity contract for the purcha…
Colo. Rev. Stat. § 11-53-106 Unlawful commodity activities
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(1) No person shall engage in a trade or business of or otherwise act as a commodity merchant unless such person is either: (a) Registered or temporarily licensed with the commodity futures trading commission for each activity constituting such person as a commodity merchant, and…
Colo. Rev. Stat. § 11-53-107 Fraudulent conduct
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(1) 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 se…
Colo. Rev. Stat. § 11-53-108 Misleading filings
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It is unlawful for any person to make or cause to be made, in any document filed with the commissioner or in any proceeding under this article, any statement which is, at the time and in the light of the circumstances under which it was made, false or misleading in any material r…
Colo. Rev. Stat. § 11-53-109 Liability of principals, controlling persons, and others
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(1) 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 employment or office shall be deemed the act, omission, or failure of such individual, association, partner…
Colo. Rev. Stat. § 11-53-110 Securities law unaffected
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Nothing in this article shall impair, derogate, or otherwise affect the authority or powers of the commissioner under article 51 of this title or the application of any provision thereof to any person or transaction subject thereto. Source: L. 89: Entire article R&RE, p. 636, � 1…
Colo. Rev. Stat. § 11-53-111 Purpose
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This article shall be construed and implemented to effectuate its general purpose to protect investors, to prevent and prosecute illegal and fraudulent schemes involving commodity contracts and commodity options, and to maximize coordination with federal law and other states' law…
Colo. Rev. Stat. § 11-53-201 Investigations - subpoenas
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(1) The commissioner in his discretion may make such public or private investigations within or outside of this state as the commissioner deems necessary to determine whether any person has violated any provision of this article or any rule or order under this article or to aid i…
Colo. Rev. Stat. § 11-53-202 Enforcement - cease-and-desist orders
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(1) Whenever it appears to the commissioner that any person has engaged in any act or practice constituting a violation of any provision of this article or any rule or order under this article, the commissioner may apply to the district court for the city and county of Denver, or…
Colo. Rev. Stat. § 11-53-203 Power of court to grant relief
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(1) Upon a proper showing by the commissioner that a person has violated any provision of this article or any rule or order under this article, the court may grant appropriate legal or equitable remedies including a temporary restraining order, a preliminary and permanent prohibi…
Colo. Rev. Stat. § 11-53-204 Criminal penalties - statute of limitations
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(1) 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 mate…
Colo. Rev. Stat. § 11-53-205 Administration of article
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(1) This article shall be administered by the commissioner as the head of the division of securities within the department of regulatory agencies. (2) Neither the commissioner nor any employees of the commissioner shall use any information which is filed with or obtained by the c…
Colo. Rev. Stat. § 11-53-206 Cooperation with other agencies
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(1) 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 r…
Colo. Rev. Stat. § 11-53-207 General authority to adopt rules, forms, and orders
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(1) 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 …
Colo. Rev. Stat. § 11-53-208 Scope of article
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(1) 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. (2) Sections 11-53-103, 11-53-106, and 11-53-107 apply to persons who buy or offer t…
Colo. Rev. Stat. § 11-53-209 Pleading exemptions
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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. Sou…
Colo. Rev. Stat. § 11-53-210 Affirmative defenses
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(1) 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…
Colo. Rev. Stat. § 11-53-211 Interpretive opinions
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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 th…