No person, directly or indirectly, in or in connection with the purchase or sale of, the offer to sell, the offer to purchase, the offer to enter into, or the entry into of, a commodity contract or commodity option subject to Sections 39-73-20, 39-73-310, or 39-73-40(A)(2) or (4), may:
(1) cheat or defraud or attempt to cheat or defraud a person or employ a device, a scheme, or an artifice to defraud a person;
(2) make a false report, enter a false record, or make an untrue statement of a material fact or omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading;
(3) engage in a transaction, an act, a practice, or a course of business, including without limitation a form of advertising or solicitation which operates or would operate as a fraud or deceit upon a person; or
(4) misappropriate or convert the funds, security, or property of a person.
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.