502.610 - JURISDICTION.

        502.610  JURISDICTION.         1.  Sales and offers to sell.  Sections 502.301, 502.302,      502.401, subsection 1, 502.402, subsection 1, 502.403, subsection 1,      502.404, subsection 1, 502.501, 502.506, 502.509, and 502.510 do not      apply to a person that sells or offers to sell a security unless the      offer to sell or the sale is made in this state or the offer to      purchase or the purchase is made and accepted in this state.         2.  Purchases and offers to purchase.  Sections 502.401,      subsection 1, 502.402, subsection 1, 502.403, subsection 1, 502.404,      subsection 1, 502.501, 502.506, 502.509, and 502.510 do not apply to      a person that purchases or offers to purchase a security unless the      offer to purchase or the purchase is made in this state or the offer      to sell or the sale is made and accepted in this state.         3.  Offers in this state.  For the purpose of this section, an      offer to sell or to purchase a security is made in this state,      whether or not either party is then present in this state, if any of      the following apply to the offer:         a.  The offer originates from within this state.         b.  The offer is directed by the offeror to a place in this      state and received at the place to which it is directed.         4.  Acceptances in this state.  For the purpose of this      section, an offer to purchase or to sell is accepted in this state,      whether or not either party is then present in this state, if all of      the following apply to the acceptance:         a.  The acceptance is communicated to the offeror in this      state and the offeree reasonably believes the offeror to be present      in this state and the acceptance is received at the place in this      state to which it is directed.         b.  The acceptance has not previously been communicated to the      offeror, orally or in a record, outside this state.         5.  Publications, radio, television, or electronic      communications.  An offer to sell or to purchase is not made in      this state when a publisher circulates or there is circulated on the      publisher's behalf in this state a bona fide newspaper or other      publication of general, regular, and paid circulation that is not      published in this state, or that is published in this state but has      had more than two-thirds of its circulation outside this state during      the previous twelve months or when a radio or television program or      other electronic communication originating outside this state is      received in this state.  A radio or television program, or other      electronic communication, is considered as having originated in this      state if either the broadcast studio or the originating source of      transmission is located in this state, unless any of the following      apply:         a.  The program or communication is syndicated and distributed      from outside this state for redistribution to the general public in      this state.         b.  The program or communication is supplied by a radio,      television, or other electronic network with the electronic signal      originating from outside this state for redistribution to the general      public in this state.         c.  The program or communication is an electronic      communication that originates outside this state and is captured for      redistribution to the general public in this state by a community      antenna or cable, radio, cable television, or other electronic      system.         d.  The program or communication consists of an electronic      communication that originates in this state, but which is not      intended for distribution to the general public in this state.         6.  Investment advice and misrepresentations.  Sections      502.403, subsection 1, 502.404, subsection 1, 502.405, subsection 1,      502.502, 502.505, and 502.506 apply to a person if the person engages      in an act, practice, or course of business instrumental in effecting      prohibited or actionable conduct in this state, whether or not either      party is then present in this state.  
         Section History: Early Form
         [C77, 79, 81, § 502.610] 
         Section History: Recent Form
         98 Acts, ch 1106, §22, 24; 2004 Acts, ch 1161, §60, 68