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, apply to persons who buy or offer to buy when:
(a) An offer to buy is made in this state, or
(b) An offer to sell is made and accepted in this state.
(3) For the purposes of this section, an offer to sell or to buy is made in this state, whether or not either party is then present in this state, when the offer:
(a) Originates from this state, or
(b) Is directed by the offeror to this state and received at the place to which it is directed or at any post office in this state in the case of a mailed offer.
(4) For the purpose of this section, an offer to buy or to sell is accepted in this state when acceptance:
(a) Is communicated to the offeror in this state, and
(b) Has not previously been communicated to the offeror, orally or in writing, outside this state; and acceptance is communicated to the offeror in this state, whether or not either party is then present in this state, when the offeree directs it to the offeror in this state, reasonably believing the offeror to be in this state and it is received at the place to which it is directed or at any post office in this state in the case of a mailed acceptance.
(5) An offer to sell or to buy is not made in this state when:
(a) The publisher circulates or there is circulated on his behalf in this state any bona fide newspaper or other publication of general, regular, and paid circulation which is not published in this state, or which is published in this state, but more than two-thirds of the publication’s circulation has been outside this state during the previous twelve (12) months, or
(b) A radio or television program originating outside this state is received in this state.
History:
[30-1516, added 1989, ch. 414, sec. 1, p. 1015.]
Structure Idaho Code
Chapter 15 - IDAHO COMMODITY CODE
Section 30-1501 - DEFINITIONS.
Section 30-1502 - UNLAWFUL COMMODITY TRANSACTIONS.
Section 30-1503 - EXEMPT PERSON — TRANSACTIONS.
Section 30-1504 - EXEMPT TRANSACTIONS.
Section 30-1505 - UNLAWFUL COMMODITY ACTIVITIES.
Section 30-1506 - FRAUDULENT CONDUCT — LIABILITY OF PRINCIPALS, CONTROLLING PERSONS AND OTHERS.
Section 30-1507 - SECURITIES STATUTES UNAFFECTED.
Section 30-1509 - INVESTIGATIONS.
Section 30-1510 - ENFORCEMENT.
Section 30-1511 - POWER OF COURT TO GRANT RELIEF.
Section 30-1512 - CRIMINAL PENALTIES.
Section 30-1513 - ADMINISTRATION — RULES AND FORMS.
Section 30-1514 - COOPERATION WITH OTHER AGENCIES.
Section 30-1515 - CONSENT TO SERVICE OF PROCESS.
Section 30-1517 - PROCEDURE FOR ENTRY OF AN ORDER.
Section 30-1518 - JUDICIAL REVIEW OF ORDERS.