(A) Sections 39-73-20, 39-73-50, and 39-73-60 apply to persons who:
(1) sell or offer to sell when an offer to:
(a) sell is made in this State; or
(b) buy is made and accepted in this State;
(2) buy or offer to buy when an offer to:
(a) buy is made in this State; or
(b) sell is made and accepted in this State.
(B) For the purpose of this section, an offer to sell or buy is made in this State, whether or not either party is then present in this State, when the offer:
(1) originates from this State; or
(2) is directed by the offeror to this State and received at the place to which it is directed, or at a post office in this State for a mailed offer.
(C) For the purpose of this section, an offer to buy or sell is accepted in this State when acceptance:
(1) is communicated to the offeror in this State;
(2) previously has not been communicated to the offeror, orally or in writing, outside this State, and acceptance is communicated to the offeror in this State, whether or not either party is then present in this State, when the offeree directs it to the offeror in this State, reasonably believing the offeror to be in this State and it is received at the place to which it is directed or at a post office in this State for a mailed acceptance.
(D) An offer to sell or to buy is not made in this State when one or both of the following exist:
(1) The publisher circulates or there is circulated on his behalf in this State a bona fide newspaper or other publication of general, regular, and paid circulation which is not published in this State or which is published in this State but has had more than two-thirds of its circulation outside this State during the past twelve months.
(2) A radio or television program originating outside this State is received in this State.
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.