South Carolina Code of Laws
Chapter 1 - South Carolina Uniform Securities Act Of 2005
Section 35-1-610. Jurisdiction.

(a) Sections 35-1-301, 35-1-302, 35-1-401(a), 35-1-402(a), 35-1-403(a), 35-1-404(a), 35-1-501, 35-1-506, 35-1-509, and 35-1-510 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) Sections 35-1-401(a), 35-1-402(a), 35-1-403(a), 35-1-404(a), 35-1-501, 35-1-506, 35-1-509, and 35-1-510 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) 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) 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) 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 twelve 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) Sections 35-1-403(a), 35-1-404(a), 35-1-405(a), 35-1-502, 35-1-505, and 35-1-506 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.
HISTORY: 2005 Act No. 110, Section 1, eff January 1, 2006.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 35 - Securities

Chapter 1 - South Carolina Uniform Securities Act Of 2005

Section 35-1-101. Short title.

Section 35-1-102. Definitions.

Section 35-1-103. References to federal statutes.

Section 35-1-104. References to federal agencies.

Section 35-1-105. Electronic records and signatures.

Section 35-1-201. Exempt securities.

Section 35-1-202. Exempt transactions.

Section 35-1-203. Additional exemptions and waivers.

Section 35-1-204. Denial, suspension, revocation, condition, or limitation of exemptions.

Section 35-1-301. Securities registration requirement.

Section 35-1-302. Notice filing.

Section 35-1-303. Securities registration by coordination.

Section 35-1-304. Securities registration by qualification.

Section 35-1-305. Securities registration filings.

Section 35-1-306. Denial, suspension, and revocation of securities registration.

Section 35-1-307. Waiver and modification.

Section 35-1-401. Broker-dealer registration requirement; exemptions.

Section 35-1-402. Agent registration requirement and exemptions.

Section 35-1-403. Investment adviser registration requirement; exemptions.

Section 35-1-404. Investment advisor representative registration requirement; exemptions.

Section 35-1-405. Federal covered investment adviser notice filing requirement.

Section 35-1-406. Registration by broker-dealer, agent, investment adviser, and investment adviser representative.

Section 35-1-407. Succession and change in registration of broker-dealer or investment adviser.

Section 35-1-408. Termination of employment or association of agent and investment adviser representative; transfer of employment or association.

Section 35-1-409. Withdrawal of registration of broker-dealer, agent, investment adviser, and investment adviser representative.

Section 35-1-410. Examination and filing fee requirements.

Section 35-1-411. Postregistration requirements.

Section 35-1-412. Denial, revocation, suspension, withdrawal, restriction, condition, or limitation of registration.

Section 35-1-501. General fraud.

Section 35-1-502. Prohibited conduct in providing investment advice regarding securities.

Section 35-1-503. Evidentiary burden.

Section 35-1-504. Filing of sales and advertising literature.

Section 35-1-505. Misleading filings.

Section 35-1-506. Misrepresentations concerning registration or exemption.

Section 35-1-507. Qualified immunity.

Section 35-1-508. Criminal penalties.

Section 35-1-509. Civil liability.

Section 35-1-510. Rescission offers.

Section 35-1-601. Administration.

Section 35-1-602. Investigations and subpoenas.

Section 35-1-603. Civil enforcement.

Section 35-1-604. Administrative enforcement.

Section 35-1-605. Rules, forms, orders, interpretative opinions, and hearings.

Section 35-1-606. Administrative files and opinions.

Section 35-1-607. Public records; confidentiality.

Section 35-1-608. Uniformity and cooperation with other agencies.

Section 35-1-609. Judicial review.

Section 35-1-610. Jurisdiction.

Section 35-1-611. Service of process.

Section 35-1-612. Severability clause.

Section 35-1-701. Application of act to existing proceeding and existing rights and duties.

Section 35-1-702. Fees; portion of recovery in civil and administrative enforcement actions retained by Attorney General.

Section 35-1-703. Effective date.

Section 35-1-800. Definitions.

Section 35-1-810. Notification of agencies.

Section 35-1-820. Immunity from administrative and civil liability arising from a disclosure pursuant to Section 35-1-810.

Section 35-1-830. Disclosure of financial exploitation to designated third party.

Section 35-1-840. Immunity from administrative and civil liability arising from a disclosure pursuant to Section 35-1-830.

Section 35-1-850. Delay of a disbursement or transaction due to suspected financial exploitation.

Section 35-1-860. Immunity from administrative and civil liability arising from a delay pursuant to Section 35-1-850.

Section 35-1-870. Access to or copies of records relevant to suspected or attempted financial exploitation of an eligible adult to agencies or law enforcement; records not available for public examination.

Section 35-1-880. No protection for qualified individuals participating in or materially aiding the financial exploitation of an eligible adult.