(A) The prohibitions in Section 39-73-20 do not apply to transactions offered by and in which any of the following persons, or an employee, an officer, or a director of them acting solely in that capacity, is the purchaser or seller:
(1) a person registered with the Commodity Futures Trading Commission as a futures commission merchant or as a leverage transaction merchant whose activities require registration;
(2) a person registered with the Securities and Exchange Commission as a broker-dealer whose activities require registration;
(3) a person affiliated with, and whose obligations and liabilities under the transaction are guaranteed by, a person referred to in item (1) or (2);
(4) a person who is a member of a contract market designated by the Commodity Futures Trading Commission, or clearinghouse of it;
(5) a financial institution;
(6) a person registered under the laws of this State as a securities broker-dealer whose activities require registration.
(B) The exemptions in this section do not apply to a transaction or an activity prohibited by the Commodity Exchange Act or a CFTC Rule.
HISTORY: 1993 Act No. 68, Section 1, eff 200 days after approval (approved May 14, 1993).
Structure South Carolina Code of Laws
Chapter 73 - State Commodity Code
Section 39-73-10. Definitions.
Section 39-73-20. Commodity transactions under commodity contract or option restricted.
Section 39-73-30. Purchasers or sellers as to whom prohibition not applicable.
Section 39-73-40. Transactions as to which prohibition not applicable.
Section 39-73-60. Prohibited acts.
Section 39-73-70. Agency, vicarious, and joint and several liability.
Section 39-73-80. Chapter not to impair other state securities laws.
Section 39-73-90. Construction and implementation of chapter; no private right of action created.
Section 39-73-315. Action by administrator to prevent violation or imminent violation.
Section 39-73-320. Legal, equitable, and special remedies available to court for enforcement.
Section 39-73-335. Cooperation with other jurisdictions; joint action.
Section 39-73-355. Administrative proceedings; notice; hearing; order.
Section 39-73-360. Judicial review.