(a) The provisions of this chapter do not apply to any of the following: (i) Any real estate syndicate securities or participation in an oil, gas, or mining title or lease; (ii) any shares, memberships or certificates of interest or participation in a mutual water company; (iii) any share, membership or certificate of interest in a real estate investment trust subject to the provisions of sections 20-329o to 20-329bb, inclusive; (iv) any real estate syndicate security for which a registration has been filed under the Federal Securities Act of 1933; (v) any membership interest or other right or privilege of purchasers created in or in connection with any of the forms of development referred to in the Condominium Act of 1976, as set forth in sections 47-68a to 47-90c, inclusive.
(b) Any offer or sale of a real estate syndicate security in a transaction not involving a public offering within the meaning of Section 4(2) of the Federal Securities Act of 1933, presently constituted as Section 77(d)(2) of Title 15 of the United States Code is exempt from the provisions of this chapter, provided it shall be a conclusive presumption that any such offer or sale to less than eighteen persons shall be a private offering.
(c) There shall be exempted from the provisions of this chapter any other transaction which the commission by regulation exempts as not being comprehended within the purposes of this chapter and the qualification of which it finds is not necessary or appropriate in the public interest or for the protection of investors.
(P.A. 73-593, S. 2–4, 35; P.A. 79-602, S. 131.)
History: P.A. 79-602 referred to “Condominium Act of 1976” rather than to “Unit Ownership Act” in Subsec. (a).
Structure Connecticut General Statutes
Title 47 - Land and Land Titles
Chapter 826 - Real Estate Syndicates
Section 47-92. - Qualification of real estate syndicate securities; issuance of permit.
Section 47-93. - Expert opinion.
Section 47-94. - Grounds for refusal of permit. Appeal, hearing.
Section 47-95. - Amendment to offering; commission approval; effective date.
Section 47-96. - Permit fees. Determination of value of securities.
Section 47-98. - Sale of unqualified real estate syndicate securities prohibited.
Section 47-99. - Advertisement of securities; prior filing; hearings; media responsibility.
Section 47-100. - Sale does not require licensure as real estate salesperson or broker.
Section 47-102. - Waiver of chapter void. Exception.
Section 47-103. - Real Estate Commission to establish regulations. Hearings.
Section 47-104. - Required form of sales contracts.
Section 47-105. - Required records and reports. Examination of records; examination costs.
Section 47-106. - Penalty for false statement.
Section 47-107. - Investigations by commission; powers.
Section 47-108. - Appointment of attorney for service.
Section 47-109. - Actions, limitation of time, prerequisite.
Section 47-110. - Remedy of buyers.
Section 47-111. - Order to cease and desist. Hearing.
Section 47-112. - Injunctive and other relief.
Section 47-113. - Violations punished by fine or imprisonment.
Section 47-114. - Reservation of other punishments.
Section 47-115. - Burden of proof of exemptions or exceptions.