502A.22 Affirmative defense.
It is an affirmative defense in a complaint, information, indictment, writ, or proceeding brought under this chapter alleging a violation of section 502A.2 based solely on the failure in an individual case to make physical delivery within the applicable time period under section 502A.1, subsection 5, or section 502A.4, subsection 1, paragraph “b” if both of the following apply:
1. Failure to make physical delivery was due solely to factors beyond the control of the seller, the seller’s officers, directors, partners, agents, servants, or employees, every person occupying a similar status or performing similar functions, every person who directly or indirectly controls or is controlled by the seller, or any of them, the seller’s affiliates, subsidiaries, or successors.
2. Physical delivery was completed within a reasonable time under the applicable circumstances.
90 Acts, ch 1169, §21
Structure Iowa Code
Chapter 502A - COMMODITIES CODE
Section 502A.2 - Unlawful commodity transactions.
Section 502A.3 - Exempt person transactions.
Section 502A.4 - Exempt transactions.
Section 502A.5 - Unlawful commodity activities.
Section 502A.6 - Fraudulent conduct.
Section 502A.7 - Liability of principals, controlling persons, and others.
Section 502A.8 - Securities laws unaffected.
Section 502A.11 - Investigations.
Section 502A.12 - Enforcement of chapter.
Section 502A.13 - Power of court to grant relief.
Section 502A.14 - Criminal penalties.
Section 502A.15 - Administration of chapter.
Section 502A.16 - Cooperation with other agencies.
Section 502A.17 - General authority to adopt rules, forms, and orders.
Section 502A.18 - Consent to service of process.
Section 502A.19 - Chapter scope.
Section 502A.20 - Effect of pending judicial review.