It is a defense in a complaint, information, indictment, a writ, or a proceeding brought under this chapter alleging a violation of Section 39-73-20 based solely on the failure in an individual case to make physical delivery within the applicable time under Section 39-73-10(5) or Section 39-73-40(A)(2) if:
(1) failure to make physical delivery was due solely to factors beyond the control of the seller, the seller's officers, directors, partners, agents, servants, or employees, persons occupying a similar status or performing similar functions, persons who directly or indirectly control or are controlled by the seller, or the seller's affiliates, subsidiaries, or successors;
(2) physical delivery was completed within a reasonable time under the applicable circumstances.
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.