Sec. 18. (a) The prohibitions set forth in section 17 of this chapter do not apply to any transaction offered by any of the following persons (or any employee, officer, or director of the person who is acting solely in that capacity) if the person is the purchaser or seller in the transaction:
(1) A person:
(A) who is registered with the Commodity Futures Trading Commission as a futures commission merchant, a leverage transaction merchant, an introducing broker, or an associated person of an introducing broker; and
(B) whose activities require that registration.
(2) A person registered with the Securities and Exchange Commission as a broker-dealer whose activities require that registration.
(3) A person:
(A) who is affiliated with; and
(B) whose obligations and liabilities under the transaction are guaranteed by;
a person described in subdivision (1) or (2).
(4) A person who is a member of a contract market designated by the Commodity Futures Trading Commission or any clearinghouse of the Commodity Futures Trading Commission.
(5) A financial institution.
(6) A person registered in Indiana as a securities broker-dealer whose activities require that registration.
(b) The exemption provided by subsection (a) does not apply to any transaction or activity that is prohibited by the Commodity Exchange Act or by a CFTC rule.
As added by P.L.177-1991, SEC.10.
Structure Indiana Code
Title 23. Business and Other Associations
Article 2. Securities and Franchises
Chapter 6. Indiana Commodity Code
23-2-6-1. "Board of Trade" Defined
23-2-6-2. "Commissioner" Defined
23-2-6-5. "Commodity Broker-Dealer" Defined
23-2-6-6. "Commodity Contract" Defined
23-2-6-7. "Commodity Exchange Act" Defined
23-2-6-8. "Commodity Futures Trading Commission" Defined
23-2-6-9. "Commodity Merchant" Defined
23-2-6-10. "Commodity Option" Defined
23-2-6-11. "Commodity Sales Representative" Defined
23-2-6-12. "Financial Institution" Defined
23-2-6-15. "Precious Metal" Defined
23-2-6-17. Limitations; Commodity Contracts or Options
23-2-6-18. Persons Permitted to Offer Transactions Under Ic 23-2-6-17
23-2-6-19. Contracts or Transactions Permitted Under Ic 23-2-6-17
23-2-6-20. Waiver of Requirements; Qualified Sellers; Limitation on Authority to Engage in Business
23-2-6-21. Summary Denial or Suspension of Exemption; Qualified Sellers
23-2-6-23. Registration of Commodity Merchants; Places for Trading Commodities or Options
23-2-6-25. Liability; Violation of Chapter
23-2-6-26. Effect of Chapter on Securities Law
23-2-6-27. Construction and Implementation of Chapter
23-2-6-28. Investigations; Examinations; Hearings; Civil Penalties
23-2-6-29. Cease and Desist Orders; Civil Remedies
23-2-6-30. Violations; Special Remedies
23-2-6-31. Commodity Codes of Other States; Violations; Remedies
23-2-6-32. Bonds; Official Actions
23-2-6-34. Administration of Chapter
23-2-6-35. Cooperation With Other Authorities
23-2-6-36. Rules; Forms; Orders
23-2-6-38. Application of Sections Ic 23-2-6-17, Ic 23-2-6-23, and Ic 23-2-6-24
23-2-6-39. Administrative Proceedings
23-2-6-40. Summary Orders; Final Orders
23-2-6-41. Review; Final Orders of Commissioner