502.610  Scope.

1.  The provisions of this chapter concerning sales and offers to sell apply when a sale or an offer to sell is made in this state or when an offer to purchase is made and accepted in this state. The provisions concerning purchases and offers to purchase apply when a purchase or an offer to purchase is made in this state or an offer to sell is made and accepted in this state.

2.  For the purpose of this section, an offer to sell or an offer to purchase is made in this state, whether or not either party is then present in this state, when the offer originates from this state or is directed by the offeror to this state and received by the offeree in this state, but for the purpose of section 502.201 an offer to sell which is not directed to or received by the offeree in this state is not made in this state.

3.  For the purpose of this section, an offer to purchase or to sell is accepted in this state when acceptance is communicated to the offeror in this state, and has not previously been communicated to the offeror, orally or in writing, outside this state; and acceptance is communicated to the offeror in this state, whether or not either party is then present in this state, when the offeree directs it to the offeror in this state reasonably believing the offeror to be in this state and it is received by the offeror in this state.

4.  Except when made in connection with a tender offer, an offer to sell or to purchase is not made in this state when made by means of either of the following:

a.  Any bona fide newspaper or other publication of general, regular and paid circulation which is not published in this state, or

b.  A radio or television program originating outside this state which is received in this state.

5.  Section 502.301, subsection 3, and section 502.408, and section 502.406 so far as investment advisers and investment adviser representatives are concerned, apply when any act instrumental in effecting prohibited conduct is done 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


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