RCW 21.30.040
Transactions and contracts exempt from prohibition under RCW 21.30.020—Rules.
(1) The prohibition in RCW 21.30.020 does not apply to the following:
(a) An account, agreement, or transaction within the exclusive jurisdiction of the commodity futures trading commission as granted under the commodity exchange act;
(b) A commodity contract for the purchase of one or more precious metals in which, within seven calendar days from the payment in good funds of any portion of the purchase price, the quantity of precious metals purchased by the payment is delivered (whether in specifically segregated or fungible bulk form) into the possession of a depository (other than the seller) which is either (i) a financial institution, (ii) a depository the warehouse receipts of which are recognized for delivery purposes for any commodity on a contract market designated by the commodity futures trading commission, (iii) a storage facility licensed or regulated by the United States or any agency thereof, or (iv) a depository designated by the director, and the depository (or other person which itself qualifies as a depository as aforesaid) issues and the purchaser receives, a certificate, document of title, confirmation, or other instrument evidencing that the quantity of precious metals has been delivered to the depository and is being and will continue to be held by the depository on the purchaser's behalf, free and clear of all liens and encumbrances, other than liens of the purchaser, tax liens, liens agreed to by the purchaser, or liens of the depository for fees and expenses, which have previously been disclosed to the purchaser;
(c) A commodity contract solely between persons engaged in producing, processing, using commercially, or handling as merchants each commodity subject thereto, or any by-products thereof; or
(d) A commodity contract under which the offeree or the purchaser is a person referred to in RCW 21.30.030, a person registered with the federal securities and exchange commission as a broker-dealer, an insurance company, an investment company as defined in the federal investment company act of 1940, or an employee pension and profit sharing or benefit plan (other than a self-employed individual retirement plan, or individual retirement account).
(2) The director may issue rules or orders prescribing the terms and conditions of all transactions and contracts covered by this chapter which are not within the exclusive jurisdiction of the commodity futures trading commission as granted by the commodity exchange act, exempting any person or transaction from any provision of this chapter conditionally or unconditionally and otherwise implementing this chapter for the protection of purchasers and sellers of commodities.
[ 1987 c 243 § 4; 1986 c 14 § 4.]
Structure Revised Code of Washington
Title 21 - Securities and Investments
Chapter 21.30 - Commodity Transactions.
21.30.020 - Transactions involving commodity contract or option—Prohibition—Exceptions.
21.30.030 - Transactions conducted by certain persons exempt from prohibition under RCW 21.30.020.
21.30.040 - Transactions and contracts exempt from prohibition under RCW 21.30.020—Rules.
21.30.050 - Commodity merchants—Place for trading commodity contract or option—Requirements.
21.30.060 - Prohibited practices.
21.30.070 - Responsibility for acts or omissions—Liability—Burden of proof.
21.30.100 - Investigations—Statements—Publication of information.
21.30.107 - Subpoena authority—Application—Contents—Notice—Fees.
21.30.110 - Investigations—Evidence—Subpoenas—Court orders of compliance.
21.30.120 - Violations—Director's authority—Court actions—Penalties.
21.30.130 - Violations—Court-ordered remedies—Penalties—Bond by director not required.
21.30.140 - Willful violations—Penalty—Limitation on actions.
21.30.150 - No liability under chapter for act in good faith.
21.30.160 - Unlawful use or disclosure of information.
21.30.170 - Information—Availability to public—Exceptions.
21.30.180 - Cooperation with other agencies or organizations.
21.30.190 - Consent for service of process—Service, how made.
21.30.200 - Administrative proceedings—Summary order—Notice—Hearing—Final order.
21.30.210 - Application of chapter 34.05 RCW, the administrative procedure act.
21.30.220 - Pleading exemptions or exceptions—Burden of proof.
21.30.230 - Application for licensing.
21.30.250 - Examinations—Waiver.
21.30.270 - Multiple licenses, when permitted.
21.30.280 - Classification of licenses—Limitations and conditions of licenses.
21.30.290 - Annual report and fee.
21.30.300 - Minimum net capital and fidelity bond requirements.
21.30.310 - Financial and other reports.
21.30.340 - Examination of records—Copies—Fees.
21.30.350 - Denial, suspension, revocation, or limitation of license—Grounds.
21.30.360 - Violations—Prosecuting attorney may bring criminal proceedings.
21.30.370 - Penalties in chapter nonexclusive.
21.30.380 - Administration of chapter under director of financial institutions.
21.30.390 - Administrator—Appointment—Delegation of duties—Term.
21.30.400 - Director's powers and duties—Rules, forms, and orders—Fees.
21.30.800 - Securities laws not affected.