§ 51-23-05 — Exempt transactions

North Dakota § 51-23-05

• Jurisdiction: North Dakota
• Title 51: Sales and Exchanges
• Ch. 51-23: Commodities Transactions

Text

1. The prohibitions in section 51-23-03 do not apply to the following:
a. An account, agreement, or transaction within the exclusive jurisdiction of the
commodity futures trading commission as granted under the Commodity
Exchange Act.

b. A commodity contract for the purchase of one or more precious metals which
requires, and under which the purchaser receives, within twenty-eight calendar
days from the payment in good funds of any portion of the purchase price,
physical delivery of the quantity of the precious metals purchased by such
payment, provided that, for purposes of this subdivision, physical delivery must
be deemed to have occurred if, within such twenty-eight-day period, such quantity
of precious metals purchased by such payment is delivered, whether in
specifically segregated or fungible bulk form, into the possession of a depository,
other than the seller, which is either:
(1) A financial institution;
(2) A depository the warehouse receipts of which are recognized for delivery
purposes for any commodity on a contract market designated by the
commodity futures trading commission;
(3) A storage facility licensed or regulated by the United States or any agency
thereof; or
(4) A depository designated by the commissioner;
and such depository, or other person which itself qualifies as a depository as
aforesaid, issues and the purchaser receives, a certificate, document of title,
confirmation, or other instrument evidencing that such quantity of precious metals
has been delivered to the depository and is being and will continue to be held by
the depository on the purchaser's behalf, free and clear of all liens and
encumbrances, other than liens of the purchaser, tax liens, liens agreed to by the
purchaser, or liens of the depository for fees and expenses, which have
previously been disclosed to the purchaser.
c. A commodity contract solely between persons engaged in producing, processing,
using commercially or handling as merchants, each commodity subject thereto, or
any byproduct thereof.
d. A commodity contract under which the offeree or the purchaser is a person
referred to in section 51-23-04, an insurance company, or an investment
company as defined in the Investment Company Act of 1940.
2. The commissioner may issue rules or orders prescribing the terms and conditions of
all transactions and contracts covered by the provisions of this chapter which are not
within the exclusive jurisdiction of the commodity futures trading commission as
granted by the Commodity Exchange Act, exempting any person or transaction from
any provision of this chapter conditionally or unconditionally and otherwise
implementing the provisions of this chapter for the protection of purchasers and sellers
of commodities.