West Virginia Statutes
§ 32B-2-13 — Affirmative defense
(a)It is a defense in any complaint, information, indictment, writ or proceeding brought under this chapter alleging a violation of the provisions of section two, article one of this chapter, based solely on the failure in an individual case to make physical delivery within the applicable time period under the provisions of subsection (e), section one or subdivision (2), subsection (a), section four, article one of this chapter if:
(b)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, every person occupying a similar status or performing similar functions, every person who directly or indirectly controls or is controlled by the seller, or the seller's affiliates, subsidi
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Legislative History
1999 Reg. Sess., SB638
Nearby Sections
15
§ 32B-1-1
Definitions§ 32B-1-2
Unlawful commodity transactions§ 32B-1-3
Exempt person transactions§ 32B-1-4
Exempt transactions§ 32B-1-5
Unlawful commodity activities§ 32B-1-6
Fraudulent conduct§ 32B-1-8
Securities laws unaffected§ 32B-1-9
Purpose§ 32B-2-1
Investigations§ 32B-2-10
Procedure for entry of an order§ 32B-2-11
Judicial review of orders§ 32B-2-12
Pleading exemptions§ 32B-2-13
Affirmative defense§ 32B-2-2
Enforcement of chapter