17-12a610.   Jurisdiction.(a) Sales and offers to sell.K.S.A. 17-12a301,17-12a302, 17-12a401(a), 17-12a402(a), 17-12a403(a), 17-12a404(a), 17-12a501,17-12a506, 17-12a509, and 17-12a510, and amendmentsthereto, do not apply to a person that sells or offers to sell asecurity unless the offer to sell or the sale is made in this stateor the offer to purchase or the purchase is made and accepted inthis state.

      (b)   Purchases and offers to purchase.K.S.A. 17-12a401(a), 17-12a402(a),17-12a403(a), 17-12a404(a), 17-12a501, 17-12a506, 17-12a509, and 17-12a510, andamendments thereto, do notapply to a person that purchases or offers to purchase a securityunless the offer to purchase or the purchase is made in this stateor the offer to sell or the sale is made and accepted in this state.

      (c)   Offers in this State. For the purpose of this section, anoffer to sell or to purchase a security is made in this state,whether or not either party is then present in this state, if theoffer:

      (1)   Originates from within this state; or

      (2)   is directed by the offeror to a place in this state andreceived at the place to which it is directed.

      (d)   Acceptances in this State. For the purpose of thissection, an offer to purchase or to sell is accepted in this state,whether or not either party is then present in this state, if theacceptance:

      (1)   Is communicated to the offeror in this state and theofferee reasonably believes the offeror to be present in this stateand the acceptance is received at the place in this state to which it isdirected; and

      (2)   has not previously been communicated to the offeror, orallyor in a record, outside this state.

      (e)   Publications, radio,television or electronic communications. An offer to sell or to purchaseis not made in this state when a publisher circulates or there is circulated onthe publisher's behalf in this state a bona fide newspaper or other publicationof 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 itscirculation outside this state during the previous 12 months or when a radio ortelevision program or other electronic communication originating outside thisstate is received in this state. A radio or television program, or otherelectronic communication is considered as having originated in this state ifeither the broadcast studio or the originating source of transmission islocated in this state, unless:

      (1)   The program or communication is syndicated and distributed from outsidethis state for redistribution to the general public in this state;

      (2)   the program or communication is supplied by a radio, television or otherelectronic network with the electronic signal originating from outside thisstate for redistribution to the general public in this state;

      (3)   the program or communication is an electronic communication thatoriginates outside this state and is captured for redistribution to the generalpublic in this state by a community antenna or cable, radio, cable televisionor other electronic system; or

      (4)   the program or communication consists of an electronic communication thatoriginates in this state, but which is not intended for distribution to thegeneral public in this state.

      (f)   Investment advice and misrepresentations.K.S.A. 17-12a403(a), 17-12a404(a), 17-12a405(a), 17-12a502, 17-12a505, and17-12a506,and amendments thereto, apply to aperson if the person engages in an act, practice, or course ofbusiness instrumental in effecting prohibited or actionable conductin this state, whether or not either party is then present in thisstate.

      History:   L. 2004, ch. 154, § 49; July 1, 2005.