(a) In a civil action or administrative proceeding under this chapter, a person claiming an exemption, exception, preemption, or exclusion has the burden to prove the applicability of the claim.
(b) In a criminal proceeding under this chapter, an exemption, exception, preemption, or exclusion claimed by the defendant is an affirmative defense. In this subsection, “affirmative defense” has the meaning given in AS 11.81.900.
Structure Alaska Statutes
Chapter 56. Alaska Securities Act
Article 3. Fraud and Liabilities.
Sec. 45.56.500. General fraud.
Sec. 45.56.510. Prohibited conduct in providing investment advice.
Sec. 45.56.520. Misleading filings.
Sec. 45.56.530. Misrepresentations concerning registration or exemption.
Sec. 45.56.540. Evidentiary burden.