Indiana § 23-2-6-18 Persons permitted to offer transactions under IC 23-2-6-17

Indiana Statutes

§ 23-2-6-18 — Persons permitted to offer transactions under IC 23-2-6-17

Indiana·Title 23 BUSINESS AND OTHER ASSOCIATIONS·Art. 2 SECURITIES AND FRANCHISES·Ch. 6 Indiana Commodity Code

(a)The prohibitions set forth in section 17 of this chapter do not apply to any transaction offered by any of the following persons (or any employee, officer, or director of the person who is acting solely in that capacity) if the person is the purchaser or seller in the transaction:

(1)A person:

(A)who is registered with the Commodity Futures Trading Commission as a futures commission merchant, a leverage transaction merchant, an introducing broker, or an associated person of an introducing broker; and

(B)whose activities require that registration.

(2)A person registered with the Securities and Exchange Commission as a broker-dealer whose activities require that registration.

(3)A person:

(A)who is affiliated with; and

(B)whose obligations and liabilities under the transaction are

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(a) The prohibitions set forth in section 17 of
this chapter do not apply to any transaction offered by any of the
following persons (or any employee, officer, or director of the person
who is acting solely in that capacity) if the person is the purchaser or
seller in the transaction:
(1) A person:
(A) who is registered with the Commodity Futures Trading
Commission as a futures commission merchant, a leverage
transaction merchant, an introducing broker, or an associated
person of an introducing broker; and
(B) whose activities require that registration.
(2) A person registered with the Securities and Exchange
Commission as a broker-dealer whose activities require that
registration.
(3) A person:
(A) who is affiliated with; and
(B) whose obligations and liabilities under the transaction are
guaranteed by;
a person described in subdivision (1) or (2).
(4) A person who is a member of a contract market designated by
the Commodity Futures Trading Commission or any
clearinghouse of the Commodity Futures Trading Commission.
(5) A financial institution.
(6) A person registered in Indiana as a securities broker-dealer
whose activities require that registration.
(b) The exemption provided by subsection (a) does not apply to any
transaction or activity that is prohibited by the Commodity Exchange
Act or by a CFTC rule.

Indiana § 23-2-6-18 (Persons permitted to offer transactions under IC 23-2-6-17) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.