It shall be a defense in any complaint, information, indictment, any writ or proceeding brought under this chapter alleging a violation of Section 75-89-5 based solely on the failure in an individual case to make physical delivery within the applicable time period under paragraph (e) of Section 75-89-3 or paragraph (1)(b) of Section 75-89-9 that:
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; and
Physical delivery was completed within a reasonable time under the applicable circumstances.
Structure Mississippi Code
Title 75 - Regulation of Trade, Commerce and Investments
Chapter 89 - Mississippi Commodities Enforcement Act
§ 75-89-5. Commodity sale or purchase permitted only pursuant to Section 75-89-7 or 75-89-9
§ 75-89-7. Persons authorized to conduct commodity transactions
§ 75-89-17. Purpose and construction; no private rights or remedies created
§ 75-89-41. Burden of proof as to exemptions
§ 75-89-45. Interpretative opinions; no-action determinations