Revised Code of Washington - RCW Title 21 Securities And Investments - Chapter 21.30 Commodity Transactions

21.30.005 Intent
The legislature intends that this chapter, and any rules, regulations, or orders promulgated pursuant hereto, apply to transactions in commodities which constitute commodity contracts or ...

21.30.010 Definitions
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Administrator" means the person designated by the director in ...

21.30.020 Transactions involving commodity contract or option -- Prohibition -- Exceptions
Except as otherwise provided in RCW 21.30.030 and 21.30.040, no person may sell or purchase or offer to sell or purchase any commodity under any ...

21.30.030 Transactions conducted by certain persons exempt from prohibition under RCW 21.30.020
The prohibition in RCW 21.30.020 does not apply to any transaction offered by and in which any of the following persons (or any employee, officer, ...

21.30.040 Transactions and contracts exempt from prohibition under RCW 21.30.020 -- Rules
(1) The prohibition in RCW 21.30.020 does not apply to the following: (a) An account, agreement, or transaction within the exclusive jurisdiction of the commodity ...

21.30.050 Commodity merchants -- Place for trading commodity contract or option -- Requirements
(1) No person may engage in a trade or business or otherwise act as a commodity merchant unless the person (a) is registered or temporarily ...

21.30.060 Prohibited practices
No person may directly or indirectly, in or in connection with the purchase or sale of, the offer to sell, the offer to enter into, ...

21.30.070 Responsibility for acts or omissions -- Liability -- Burden of proof
(1) The act, omission, or failure of any official, agent, or other person acting for any individual, association, partnership, corporation, or trust within the scope ...

21.30.080 Offers to sell or buy in this state -- Application of RCW 21.30.020, 21.30.050, and 21.30.060
(1) RCW 21.30.020, 21.30.050, and 21.30.060 apply to persons who sell or offer to sell when an offer to sell is made in this state ...

21.30.090 When publications or electronic communications not deemed offers to sell or buy in this state
(1) For the purpose of RCW 21.30.080, an offer to sell or to buy is not made in this state when the publisher circulates or ...

21.30.100 Investigations -- Statements -- Publication of information
The director in the director's discretion: (1) May make such public or private investigations, within or without the state, as the director finds necessary or ...

21.30.110 Investigations -- Evidence -- Subpoenas -- Court orders of compliance
(1) For purposes of any investigation or proceeding under this chapter, the director or any officer or employee designated by the director, may administer oaths ...

21.30.120 Violations -- Director's authority -- Court actions -- Penalties
(1) If the director believes, whether or not based upon an investigation conducted under RCW 21.30.100 or 21.30.110, that a person has engaged or is ...

21.30.130 Violations -- Court-ordered remedies -- Penalties -- Bond by director not required
(1)(a) Upon a proper showing by the director that a person has violated, or is about to violate, this chapter or any rule or order ...

21.30.140 Willful violations -- Penalty -- Limitation on actions
A person who willfully violates this chapter, or who willfully violates a rule or order under this chapter, is guilty of a class B felony ...

21.30.150 No liability under chapter for act in good faith
No provision of this chapter imposing any liability applies to any act done or omitted in good faith in conformity with a rule, order, or ...

21.30.160 Unlawful use or disclosure of information
Neither the director nor any employee of the director shall use any information which is filed with or obtained by the department which is not ...

21.30.170 Information -- Availability to public -- Exceptions
(1) All information collected, assembled, or maintained by the director under this chapter is public information and is available for the examination of the public ...

21.30.180 Cooperation with other agencies or organizations
(1) To encourage uniform application and interpretation of this chapter and securities and commodities regulation and enforcement in general, the director and the employees of ...

21.30.190 Consent for service of process -- Service, how made
(1) Every applicant for registration under this chapter or person filing a claim of exemption under RCW 21.30.030(7) shall file with the administrator in such ...

21.30.200 Administrative proceedings -- Summary order -- Notice -- Hearing -- Final order
(1) The director shall commence an administrative proceeding under this chapter by entering either a statement of charges or a summary order. The statement of ...

21.30.210 Application of chapter 34.05 RCW, the administrative procedure act
Chapter 34.05 RCW applies to an administrative proceeding carried out by the director under this chapter unless otherwise provided in this chapter.[1986 c 14 § ...

21.30.220 Pleading exemptions or exceptions -- Burden of proof
It shall not be necessary to negate any of the exemptions, or exceptions from a definition, of this chapter in any complaint, information, or indictment, ...

21.30.230 Application for licensing
An applicant for licensing as a commodity broker-dealer or commodity sales representative shall file with the administrator or the designee of the administrator an application ...

21.30.240 Fees
(1) An applicant for licensing shall pay a registration fee as follows: (a) For a commodity broker-dealer, two hundred dollars; and for each branch office, ...

21.30.250 Examinations -- Waiver
(1) The administrator may, by rule or order, impose an examination requirement upon: (a) An applicant applying for licensing under this chapter; and (b) Any ...

21.30.260 Expiration of licenses -- Authority under commodity sales representative license -- Notification of changes
(1) The license of a commodity broker-dealer or commodity sales representative expires on December 31 of the year for which issued or at such other ...

21.30.270 Multiple licenses, when permitted
No person may at any one time act as a commodity sales representative for more than one commodity broker-dealer or one issuer, except (1) where ...

21.30.280 Classification of licenses -- Limitations and conditions of licenses
If the administrator determines, by rule, that one or more classifications of licenses as a commodity broker-dealer or commodity sales representative which are subject to ...

21.30.290 Annual report and fee
For so long as a commodity broker-dealer or commodity sales representative is licensed under this chapter, it shall file an annual report, together with the ...

21.30.300 Minimum net capital and fidelity bond requirements
(1)(a) The administrator may, by rule, require a licensed commodity broker-dealer to maintain: (i) Minimum net capital; and (ii) a prescribed ratio between net capital ...

21.30.310 Financial and other reports
A licensed commodity broker-dealer shall file financial and other reports that the administrator determines, by rule, are necessary or appropriate.[1986 c 14 § 32.] ...

21.30.320 Records
(1) A licensed commodity broker-dealer or commodity sales representative shall make and maintain records that the administrator determines, by rule, are necessary or appropriate. (2) ...

21.30.330 Correcting amendments of information in application or financial and other reports -- Exception
If the information contained in any document filed with the administrator or the administrator's designee pursuant to RCW 21.30.230 or 21.30.310, except for those documents ...

21.30.340 Examination of records -- Copies -- Fees
(1) The administrator, without prior notice, may examine the records and require copies of the records which a licensed commodity broker-dealer or commodity sales representative ...

21.30.350 Denial, suspension, revocation, or limitation of license -- Grounds
(1) The administrator may, by order, deny, suspend, or revoke any license or an exemption granted under RCW 21.30.030(7), limit the activities which an applicant ...

21.30.360 Violations -- Prosecuting attorney may bring criminal proceedings
The director may refer such evidence as may be available concerning violations of this chapter or of any rule or order under this chapter to ...

21.30.370 Penalties in chapter nonexclusive
Nothing in this chapter limits the power of the state to punish a person for conduct which constitutes a crime by statute or at common ...

21.30.380 Administration of chapter under director of financial institutions
The administration of this chapter shall be under the director of the department of financial institutions.[1994 c 92 § 6; 1986 c 14 § 39.] ...

21.30.390 Administrator -- Appointment -- Delegation of duties -- Term
The director shall appoint a competent person to administer this chapter, who shall be designated the administrator. The director shall delegate to the administrator such ...

21.30.400 Director's powers and duties -- Rules, forms, and orders -- Fees
In addition to specific authority granted elsewhere in this chapter, the director may make, amend, and rescind rules, forms, and orders as are necessary to ...

21.30.800 Securities laws not affected
Nothing in this chapter shall impair, derogate from, or otherwise affect the authority or powers of the administrator under the securities act of Washington, chapter ...

21.30.810 Construction and purpose
This chapter may be construed and implemented to effectuate its general purpose to protect investors, to prevent and prosecute illegal and fraudulent schemes involving commodities ...

21.30.900 Severability -- 1986 c 14
If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application ...

21.30.901 Effective date -- 1986 c 14
This act shall take effect on October 1, 1986.[1986 c 14 § 46.] ...