Title 30 — CORPORATIONS

30-1501. Definitions. (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 trade, exchange or other form of market…

30-1502. Unlawful commodity transactions. Except as otherwise provided in sections 30-1503 or 30-1504, Idaho Code, 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 ente…

30-1503. Exempt person — Transactions. (1) The prohibitions in section 30-1502, Idaho Code, 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 sel…

30-1504. Exempt transactions. (1) The prohibitions in section 30-1502, Idaho Code, 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;…

30-1505. Unlawful commodity activities. (1) No person shall engage in a trade or business or otherwise act as a commodity merchant unless such person: (a) Is registered or temporarily licensed with the commodity futures trading commission for each activity constituting such perso…

30-1506. Fraudulent conduct — Liability of principals, controlling persons and others. (1) It is unlawful for any person, directly or indirectly, in connection with a commodity contract or commodity option: (a) To employ any device, scheme or artifice to defraud; (b) To make any …

30-1507. Securities statutes unaffected. Nothing in this chapter shall impair, derogate or otherwise affect the authority or powers of the director under the Idaho securities act or the application of any provision thereof to any person or transaction subject thereto.

30-1508. Purpose. The provisions of this chapter may be construed and implemented to effectuate the general purpose to protect investors, to prevent and prosecute illegal and fraudulent schemes involving commodity contracts and to maximize coordination with federal law and laws o…

30-1509. Investigations. (1) The director may make investigations, within or outside this state, as the director deems necessary or appropriate to: (a) Determine whether any person has violated, or is about to violate, any provision of this chapter or any rule or order hereunder;…

30-1510. Enforcement. (1) If the director believes, whether or not based upon an investigation conducted under section 30-1509, Idaho Code, 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 ru…

30-1511. Power of court to grant relief. (1) (a) Upon a showing by the director that a person has violated, or is about to violate, any provision of this chapter or any rule or order of the director, the court may grant appropriate legal or equitable remedies. (b) Upon a showing …

30-1512. Criminal penalties. (1) Any person who willfully violates: (a) Any provision of this chapter; or (b) Any rule or order of the director under this chapter shall, upon conviction, be fined not more than twenty-five thousand dollars ($25,000) or imprisoned for not more than…

30-1513. Administration — Rules and forms. (1) The administration of the provisions of this chapter shall be under the general supervision and control of the director. The director may from time to time make, amend and rescind such rules and forms as are necessary to carry out th…

30-1514. Cooperation with other agencies. To encourage uniform application and interpretation of the provisions of this chapter and securities regulation and enforcement in general, the director and the employees of the director may cooperate, including bearing the expense of the…

30-1515. Consent to service of process. When a person including a nonresident of this state, engages in conduct prohibited or made actionable by the provisions of this chapter or any rule or order of the director, such conduct shall constitute the appointment of the director and …

30-1516. Scope. (1) Sections 30-1502, 30-1505 and 30-1506, Idaho Code, apply to persons who sell or offer to sell when: (a) An offer to sell is made in this state, or (b) An offer to buy is made and accepted in this state. (2) Sections 30-1502, 30-1505 and 30-1506, Idaho Code, ap…

30-1517. Procedure for entry of an order. (1) The director shall commence an administrative proceeding under this chapter by entering either a notice of intent to do a contemplated act or a summary order. The notice of intent or summary order may be entered without notice, withou…

30-1518. Judicial review of orders. Any person aggrieved by a final order of the director may obtain judicial review of the order pursuant to the provisions of chapter 52, title 67, Idaho Code.

30-1519. Pleading exemptions. It shall not be necessary to negative any of the exemptions in this chapter in any complaint, information or indictment, or any writ or proceeding brought under this chapter, and the burden of proof of any such exemption shall be upon the party claim…

30-1520. Short title. This chapter shall be known and may be cited as the "Idaho Commodity Code."