(a) Sales and offers to sell. Sections 80A.49, 80A.50, 80A.56(a), 80A.57(a), 80A.58(a), 80A.68, 80A.73, 80A.76, and 80A.77 do not apply to a person that sells or offers to sell a security unless the offer to sell or the sale is made in this state or the offer to purchase or the purchase is made and accepted in this state.
(b) Purchases and offers to purchase. Sections 80A.56(a), 80A.57(a), 80A.58(a), 80A.68, 80A.73, 80A.76, and 80A.77 do not apply to a person that purchases or offers to purchase a security unless the offer to purchase or the purchase is made in this state or the offer to sell or the sale is made and accepted in this state.
(c) Offers in this state. For the purpose of this section, an offer to sell or to purchase a security is made in this state, whether or not either party is then present in this state, if the offer:
(1) originates from within this state; or
(2) is directed by the offeror to a place in this state and received at the place to which it is directed.
(d) Acceptances in this state. For the purpose of this section, an offer to purchase or to sell is accepted in this state, whether or not either party is then present in this state, if the acceptance:
(1) is communicated to the offeror in this state and the offeree reasonably believes the offeror to be present in this state and the acceptance is received at the place in this state to which it is directed; and
(2) has not previously been communicated to the offeror, orally or in a record, outside this state.
(e) Publications, radio, television, or electronic communications. An offer to sell or to purchase is not made in this state when a publisher circulates or there is circulated on the publisher's behalf in this state a bona fide newspaper or other publication of general, regular, and paid circulation that is not published in this state, or that is published in this state but has had more than two-thirds of its circulation outside this state during the previous 12 months or when a radio or television program or other electronic communication originating outside this state is received in this state. A radio or television program, or other electronic communication is considered as having originated in this state if either the broadcast studio or the originating source of transmission is located in this state, unless:
(1) the program or communication is syndicated and distributed from outside this state for redistribution to the general public in this state;
(2) the program or communication is supplied by a radio, television, or other electronic network with the electronic signal originating from outside this state for redistribution to the general public in this state;
(3) the program or communication is an electronic communication that originates outside this state and is captured for redistribution to the general public in this state by a community antenna or cable, radio, cable television, or other electronic system; or
(4) the program or communication consists of an electronic communication that originates in this state, but which is not intended for distribution to the general public in this state.
(f) Investment advice and misrepresentations. Sections 80A.58(a), 80A.60(a), 80A.69, 80A.72, and 80A.73 apply to a person if the person engages in an act, practice, or course of business instrumental in effecting prohibited or actionable conduct in this state, whether or not either party is then present in this state.
2006 c 196 art 1 s 47,52; 2008 c 256 s 20
Structure Minnesota Statutes
Chapters 80 - 80A — Securities
Chapter 80A — Regulation Of Securities
Section 80A.40 — Section 101; Short Title.
Section 80A.41 — Section 102; Definitions.
Section 80A.42 — Section 103; References To Federal Statutes.
Section 80A.43 — Section 104; References To Federal Agencies.
Section 80A.44 — Section 105; Electronic Records And Signatures.
Section 80A.45 — Section 201; Exempt Securities.
Section 80A.46 — Section 202; Exempt Transactions.
Section 80A.461 — Mnvest Registration Exemption.
Section 80A.47 — Section 203; Additional Exemptions And Waivers.
Section 80A.49 — Section 301; Securities Registration Requirement.
Section 80A.50 — Section 302; Federal Covered Securities; Small Corporate Offering Registration.
Section 80A.51 — Section 303; Securities Registration By Coordination.
Section 80A.52 — Section 304; Securities Registration By Qualification.
Section 80A.53 — Section 305; Securities Registration Filings.
Section 80A.54 — Section 306; Denial, Suspension, And Revocation Of Securities Registration.
Section 80A.55 — Section 307; Waiver And Modification.
Section 80A.56 — Section 401; Broker-dealer Registration Requirement And Exemptions.
Section 80A.57 — Section 402; Agent Registration Requirement And Exemptions.
Section 80A.58 — Section 403; Investment Adviser Registration Requirement And Exemptions.
Section 80A.60 — Section 405; Federal Covered Investment Adviser Notice Filing Requirement.
Section 80A.65 — Section 410; Fees And Expenses.
Section 80A.66 — Section 411; Postregistration Requirements.
Section 80A.68 — Section 501; General Fraud.
Section 80A.69 — Section 502; Prohibited Conduct In Providing Investment Advice.
Section 80A.70 — Section 503; Evidentiary Burden.
Section 80A.71 — Section 504; Filing Of Sales And Advertising Literature.
Section 80A.72 — Section 505; Misleading Filings.
Section 80A.73 — Section 506; Misrepresentations Concerning Registration Or Exemption.
Section 80A.74 — Section 507; Qualified Immunity.
Section 80A.75 — Section 508; Criminal Penalties.
Section 80A.76 — Section 509; Civil Liability.
Section 80A.77 — Section 510; Rescission Offers.
Section 80A.78 — Section 601; Administration.
Section 80A.79 — Section 602; Investigations And Subpoenas.
Section 80A.80 — Section 603; Civil Enforcement.
Section 80A.81 — Section 604; Administrative Enforcement.
Section 80A.82 — Section 605; Rules, Forms, Orders, Interpretative Opinions, And Hearings.
Section 80A.83 — Section 606; Administrative Files And Opinions.
Section 80A.84 — Section 607; Public Records; Confidentiality.
Section 80A.85 — Section 608; Uniformity And Cooperation With Other Agencies.
Section 80A.86 — Section 609; Judicial Review.
Section 80A.87 — Section 610; Jurisdiction.
Section 80A.88 — Section 611; Service Of Process.
Section 80A.89 — Section 612; Severability Clause.
Section 80A.91 — Agent Errors And Omissions Insurance; Choice Of Source.