Oregon Statutes - Chapter 645 - Commodity Transactions

• 645.005   Definitions.
  As used in this chapter: (1) “Board of trade” means any person or persons engaged in buying or selling any commodity or receiving the same...
• 645.010   Commodity contract or option transactions prohibited; exception.
  Except as otherwise provided in ORS 645.015 or 645.020: (1) No person shall sell or purchase or offer to sell or purchase any commodity under...
• 645.015   Persons exempt from prohibition; effect of federal law.
  (1) The prohibitions in ORS 645.010 shall not apply to any transaction by: (a) A person registered with the federal Commodity Futures Trading Commission as...
• 645.020   Transactions exempt from prohibition.
  The prohibitions in ORS 645.010 shall not apply to the following: (1) An account, agreement or transaction within the exclusive jurisdiction of the federal Commodity...
• 645.025   Applicability of ORS 645.010, 645.035 and 645.040.
  (1) ORS 645.010, 645.035 and 645.040 apply to persons who sell or offer to sell when: (a) An offer to sell is made in this...
• 645.030   When transactions are considered to occur in this state.
  (1) For the purpose of ORS 645.025, an offer to sell or to buy is made in this state, whether or not either party is...
• 645.035   Commodity merchant required to comply with federal law.
  (1) No person shall engage in a trade or business or otherwise act as a commodity merchant unless such person: (a) Is registered or temporarily...
• 645.040   False, fraudulent or deceptive trading practices prohibited; business liable for acts or omissions of agents or employees; effect of federal law.
  (1) It is unlawful for any person, directly or indirectly, in connection with a commodity contract or commodity option: (a) To employ any device, scheme...
• 645.200   General authority to administer chapter.
  The director: (1) May make such public or private investigations within or outside this state as the director deems necessary to determine whether a person...
• 645.205   Rules.
  (1) In accordance with ORS chapter 183, the director may adopt such rules as are necessary to carry out the provisions of this chapter. (2)...
• 645.210   Investigatory power; compliance with subpoenas.
  (1) For the purpose of an investigation or proceeding under this chapter, the director may administer oaths and affirmations, subpoena witnesses, compel their attendance, take...
• 645.215   Notice of orders; hearing.
  (1) Except as provided in ORS 183.745, upon the entry of an order under this chapter, the director shall promptly give to all interested persons...
• 645.220   Appeal of order; modification of order.
  (1) A person aggrieved by an order of the director which has been the subject of a timely application for hearing before the director shall...
• 645.225   Action to compel compliance with rule or order; attorney fees; claim; disposition of recovery.
  (1) Whenever it appears to the director that a person has engaged in an act or practice constituting a violation of any provision of this...
• 645.230   Allegations of complaint; burden of proof.
  It is not necessary to negate any of the exemptions or classifications provided in this chapter in a complaint, action, information, indictment or other writ...
• 645.300   Good faith actions not subject to liability.
  No provision of this chapter imposing civil or criminal liability shall apply to an act done or omitted in good faith in conformity with a...
• 645.305   Jurisdiction of courts.
  The courts of this state shall have jurisdiction over any person, including a nonresident of this state, who engages in any act or practice constituting...
• 645.310   Construction of chapter; purpose.
  This chapter may be construed and implemented to effectuate its general purpose to protect investors and speculators, to prevent and prosecute illegal and fraudulent schemes...
• 645.315   Short title.
  This chapter shall be known as the Oregon Commodity Code. [1987 c.148 §1]
• 645.320   Effect of chapter on Oregon Securities Law.
  Nothing in this chapter shall impair, derogate or otherwise affect the authority or powers of the director under the Oregon Securities Law or the application...
• 645.950   Civil penalty.
  (1) In addition to all other penalties and enforcement provisions provided by law, the director or a court may assess a penalty of not more...
• 645.990   Criminal penalty.
  Violation of any provision of this chapter or any rule adopted by the director under this chapter is a Class B felony. [1987 c.148 §21]

Last modified: August 7, 2008