Title XXVI, TRADE AND COMMERCE

409.511. Requirements, offeror must send registration statement — solicitations, recommendations, file with commissioner. — 1. No offeror shall make a takeover bid unless as soon as practicable on the date of commencement of the takeover bid he files with the commissioner of secu…

409.516. Registration statement, contents — material changes, notice to commissioner, how. — 1. The registration statement required to be filed pursuant to subsection 1 of section 409.511 shall include: (1) Copies of all prospectuses, brochures, advertisements, circulars, letters…

409.521. Commissioner may make investigations, seek injunctions, when. — 1. The commissioner of securities may conduct such investigation as he deems necessary concerning any takeover bid for the purpose of determining compliance with the requirements of sections 409.500 to 409.5…

409.526. Penalties. — 1. Every person who willfully violates any provision of sections 409.500 to 409.566 shall be guilty of a class A misdemeanor. 2. Every person who violates any provision of sections 409.500 to 409.566 shall be subject to a civil penalty of one thousand dollar…

409.531. Commissioner may promulgate rules, establish fees. — 1. Sections 409.500 to 409.566 shall be administered by the commissioner of securities and employees designated by him. The commissioner of securities is hereby empowered to promulgate, alter, amend or revoke rules and…

409.536. Attorney general may prosecute, how. — The attorney general may prosecute every person charged with the commission of a criminal offense arising from the violation of any provision of sections 409.500 to 409.566. In all such proceedings, the attorney general may appear i…

409.541. Secretary of state deemed offeror's agent, when — service of process, how, effective when. — 1. Every nonresident offeror, whether or not such offeror has filed a registration statement, except a foreign corporation which has appointed and keeps a resident agent in this …

409.546. Fraudulent practices not allowed, solicitation of offerees. — 1. No person shall make any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, n…

409.551. Exceptions. — Sections 409.500 to 409.566 shall not apply when: (1) The offeror or the target company is a public utility or a public utility holding company as defined in section 2 of the Public Utility Holding Company Act of 1935, (49 Stat. 803, 15 U.S.C. 79), as amend…

409.556. Construction of statutes. — In the event any provision or application of sections 409.500 to 409.566 is held illegal or invalid for any reason, such holding shall not affect the legality or validity of any other provision or application thereof. ­­-------- (L. 1986 H.B. …

409.561. Additional requirements, when applicable. — If the takeover bid is not subject to the requirements of section 14(d) of the Securities Exchange Act of 1934, 15 U.S.C. 78n(d), the following additional requirements shall apply to the takeover bid: (1) The takeover bid shall…

409.566. Unlawful practices, offeree may bring suit, damages, attorney fees. — Any offeree whose equity securities are the subject of a takeover bid and who has been injured by any violation of sections 409.500 to 409.566 may bring an action in his or her own name to enjoin such …

409.600. Citation of law. — Sections 409.600 to 409.630 may be cited as the "Senior Savings Protection Act". ­­-------- (L. 2015 S.B. 244)

409.605. Definitions. — As used in sections 409.600 to 409.630, the following terms shall mean: (1) "Agencies", the department of health and senior services and the commissioner of securities; (2) "Agent", shall have the same meaning as in section 409.1-102; (3) "Broker-dealer", …

409.610. Financial exploitation, notification of agencies and family members. — If a qualified individual reasonably believes that financial exploitation of a qualified adult has occurred, has been attempted, or is being attempted, the qualified individual may notify the agencies…

409.615. Refusal of request for disbursement or transaction, when — expiration. — 1. A qualified individual may refuse a request for disbursement or transaction from the account of a qualified adult, or an account on which a qualified adult is a beneficiary or beneficial owner, i…

409.620. Immunity from liability, when. — Notwithstanding any other provision of law to the contrary, an investment adviser representative, agent, or qualified individual who, in good faith and exercising reasonable care, complies with section 409.610 or 409.615 shall be immune f…

409.625. Records, provided to agencies or law enforcement, when. — A qualified individual shall, upon request, provide access to or copies of records that are relevant to the suspected financial exploitation of a qualified adult to the agencies or law enforcement. The records may…

409.630. Website for training resources to prevent and detect financial exploitation. — No later than September 1, 2021, the commissioner of securities shall develop and make available a website that includes training resources to assist broker-dealers, investment advisers, agent…

409.800. Definitions. — As used in sections 409.800 to 409.863, the following terms shall mean: (1) "CFTC Rule", any rule or order of the Commodity Futures Trading Commission; (2) "Board of trade", any person or group of persons engaged in buying or selling any commodity or recei…

409.803. Prohibited contracts — exemptions. — 1. Except as otherwise provided in subdivision (1) of subsection 1 of section 409.806, no person shall offer to enter into, enter into, or confirm the execution of, any transaction for the delivery of any commodity under a commodity c…

409.806. Exempt transaction — rules, generally, this chapter, procedure. — 1. The provisions of section 409.803 shall not apply to the following: (1) A transaction within the exclusive jurisdiction of the Commodity Futures Trading Commission as granted under the Commodity Exchang…

409.808. Commodity merchants — license required, boards of trade — designation required. — 1. No person shall engage in a trade or business or otherwise act as a commodity merchant unless such person is registered or temporarily licensed with the Commodity Futures Trading Commiss…

409.810. Prohibited acts. — No person shall, directly or indirectly: (1) Cheat or defraud, attempt to cheat or defraud, or employ any device, scheme or artifice to cheat or defraud, any other person; (2) Make any false report, enter any false record, or make any untrue statement …

409.813. Principals, agents, joint and several liability — when. — 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 …

409.816. Applicability of other laws. — Nothing in sections 409.800 to 409.863 shall impair, derogate or otherwise affect the authority or powers of the commissioner under this chapter or the application of any provision of this chapter to any person or transaction subject theret…

409.818. Intent of law. — Sections 409.800 to 409.863 may be construed and implemented to effectuate their general purpose to protect investors, to prevent and prosecute illegal and fraudulent schemes involving commodities and to maximize coordination with federal and other state…

409.820. Investigations by commissioner, subpoena powers — judicial enforcement. — 1. The commissioner may make investigations, within or without this state, as he finds necessary or appropriate to: (1) Determine whether any person has violated, or is about to violate, any provis…

409.823. Violations — powers of commissioner. — 1. If the commissioner believes, whether or not based upon an investigation conducted under section 409.820, that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of secti…

409.826. Violations of domestic or foreign laws, rules — legal and equitable remedies. — 1. (1) Upon a proper showing by the commissioner that a person has violated, or is about to violate, any provision of sections 409.800 to 409.863 or any rule or order of the commissioner, the…

409.828. Penalties. — 1. Any person who willfully violates any provision of sections 409.800 to 409.863 shall, upon conviction, be fined not more than twenty thousand dollars or imprisoned for not more than ten years, or both, for each such violation. 2. The commissioner may refe…

409.830. Insiders — restricted use of information, data to be public, exceptions. — 1. Sections 409.800 to 409.863 shall be administered by the commissioner. Neither the commissioner nor any employees of the commissioner shall use any information which is filed with or obtained b…

409.833. Cooperation with other jurisdictions, agencies. — 1. To encourage uniform application and interpretation of sections 409.800 to 409.863 and securities regulation and enforcement in general, the commissioner and the employees of the commissioner may cooperate, including b…

409.836. General authority of commissioner. — In addition to specific authority granted elsewhere in sections 409.800 to 409.863, the commissioner may make, amend, and rescind rules, forms, and orders as are necessary to carry out the provisions of* sections 409.800 to 409.863. ­…

409.838. Service of process, appointment of commissioner as agent for service. — 1. Every applicant for registration under sections 409.800 to 409.863 shall file with the commissioner, in such form as he by rule prescribes, an irrevocable consent appointing the commissioner, or h…

409.840. Application of sections 409.803, 409.808, 409.810, offers to sell, buy — where deemed made. — 1. Sections 409.803, 409.808 and 409.810 apply to persons who: (1) 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 acc…

409.843. Administrative procedure, notice of intent, summary order, notice, hearing. — 1. The commissioner shall commence an administrative proceeding under sections 409.800 to 409.863 by entering either a notice of intent to do a contemplated act or a summary order. The notice o…

409.846. Judicial review of commissioner's orders — procedure — standard of review. — 1. Any person aggrieved by a final order of the commissioner may obtain judicial review of such order in the manner provided in chapter 536 for the review of contested cases. 2. Upon the filing …

409.848. Exemptions — burden of proof. — It shall not be necessary to negative any of the exemptions of sections 409.800 to 409.863 in any complaint, information or indictment, or any writ or proceeding brought under sections 409.800 to 409.863; and the burden of proof of any suc…

409.850. Broker-dealers, sales representatives — applications for licenses — fees. — 1. An applicant for licensing as a commodity broker-dealer or commodity sales representative shall file with the commissioner an application for licensing together with a consent to service of pr…

409.853. Examinations. — 1. The commissioner may, by rule or order, impose an examination requirement upon: (1) Any applicant applying for licensing under sections 409.850 to 409.863; or (2) Any class of applicants. 2. Any examination required may be administered by the commissio…

409.856. Licenses — effective date — expiration — classification, sales representatives — restrictions — exceptions. — 1. Unless a proceeding under section 409.863 has been instituted, the license of any commodity broker-dealer or commodity sales representative becomes effective …

409.858. Annual report, records — amendment, broker — dealers — capital requirements — fidelity bonds — financial reports. — 1. For so long as a commodity broker-dealer or commodity sales representative is licensed under sections 409.850 to 409.863, he shall file an annual report…

409.860. Records — examination without notice — fees. — 1. The commissioner, without prior notice, may examine the records and require copies of the records which a licensed commodity broker-dealer or commodity sales representative is required to make and maintain under section 4…

409.863. Licenses — denial, suspension, revocation, limitations, cancellation — grounds. — 1. The commissioner may, by order, deny, suspend, or revoke any license, limit the activities which an applicant or licensed person may perform in this state, conserve any applicant or lice…

409.950. Fiduciaries and employee retirement systems, investment in certain multinational development banks authorized. — Notwithstanding any other law to the contrary, securities or other obligations issued by multinational development banks in which the United States is a membe…