South Carolina Code of Laws
Chapter 73 - State Commodity Code
Section 39-73-330. Secretary of State to administer chapter; confidential or public nature of information; use of information for personal gain.

(A) This chapter must be administered by the South Carolina Secretary of State.
(B) The administrator and his employees may not use information filed with or obtained by the administrator which is not public information for personal gain or benefit and may not conduct securities or commodity dealings based upon the information, even though public, if there has not been sufficient time for the securities or commodity markets to assimilate the information.
(C)(1) Except as provided in item (2), all information collected, assembled, or maintained by the administrator is public information and is available for examination by the public.
(2) The following information is confidential and an exception to item (1):
(a) information obtained in private investigations pursuant to Section 39-73-310;
(b) information made confidential by the Freedom of Information Act;
(c) information obtained from federal agencies which must not be disclosed under federal law.
(3) The administrator in his discretion may disclose information made confidential under subsection (C)(2)(a) to persons identified in Section 39-73-335(A).
(4) This chapter does not create or derogate a privilege which exists at common law, by statute, or otherwise when documentary or other evidence is sought under subpoena directed to the administrator or his employees.
HISTORY: 1993 Act No. 68, Section 1, eff 200 days after approval (approved May 14, 1993).

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 39 - Trade and Commerce

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 39-73-50. Commodity merchant required to be registered, temporarily licensed, or exempt; board of trade must be designated.

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 39-73-310. Authority of administrator to investigate; publication of information; powers and procedures; court order to compel compliance.

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 39-73-325. Penalties for willful violation; for unknowing violation; reference to Attorney General for criminal proceedings.

Section 39-73-330. Secretary of State to administer chapter; confidential or public nature of information; use of information for personal gain.

Section 39-73-335. Cooperation with other jurisdictions; joint action.

Section 39-73-340. Authority to promulgate regulations, forms, and orders; insulation from liability for acts or omissions done in good faith.

Section 39-73-345. Engaging in prohibited conduct constitutes appointment of administrator to accept service of process.

Section 39-73-350. Applicability of sections 39-73-20, 39-73-50, and 39-73-60 to persons who sell, buy, or offer to sell or buy commodities in state.

Section 39-73-355. Administrative proceedings; notice; hearing; order.

Section 39-73-360. Judicial review.

Section 39-73-365. Burden of proof as to exemptions.

Section 39-73-370. Defense, in case based on failure to make physical delivery, factors beyond seller's control, where delivery completed within reasonable time.