Sec. 4005.004. ISOLATED TRANSACTIONS. (a) The exemption provided by Section 4005.001 applies to the sale of a security that is made by a vendor or on a vendor's behalf by a dealer or other agent and is made in the ordinary course of a bona fide personal investment of the vendor's personal holdings or a change in the investment if:
(1) the vendor is not engaged in the business of selling securities; and
(2) the sale is an isolated transaction not made in the course of repeated and consecutive transactions of a like character.
(b) A sale or offer for sale under Subsection (a) is not exempt from this title if the sale or offer is made or intended to be made by the vendor or the vendor's agent for the direct or indirect benefit of a company other than the individual vendor. The usual commission of a vendor's agent is not a benefit for the purposes of this subsection.
(c) A person acting as an agent for a vendor in any sale or offer for sale under Subsection (a) must be registered under this title.
Added by Acts 2019, 86th Leg., R.S., Ch. 491 (H.B. 4171), Sec. 1.01, eff. January 1, 2022.
Structure Texas Statutes
Subchapter A. Exempt Transactions
Section 4005.001. Scope of Exemption
Section 4005.002. Court Supervised Sales
Section 4005.003. Pledged Securities
Section 4005.004. Isolated Transactions
Section 4005.005. Insurance Company Sales
Section 4005.006. Stock Dividends
Section 4005.007. Existing Security Holders
Section 4005.008. Financial Distress
Section 4005.009. Merger, Consolidation, and Asset Sales
Section 4005.010. Exchange of Shares
Section 4005.011. Institutional Investors
Section 4005.012. Private Limited Offerings
Section 4005.013. Compensation Plans and Contracts
Section 4005.014. Mortgages and Liens
Section 4005.016. Financial Institutions
Section 4005.017. Government Issuance or Guarantee
Section 4005.018. Cooperatives
Section 4005.019. Secondary Market Sales
Section 4005.020. Unsolicited Orders
Section 4005.021. Oil, Gas, or Mining Interests
Section 4005.022. Issuer Sales of Exempt Securities