Exempt transaction--rules, generally, this chapter, procedure.
409.806. 1. The provisions of section 409.803 shall not apply to thefollowing:
(1) A transaction within the exclusive jurisdiction of the CommodityFutures Trading Commission as granted under the Commodity Exchange Act;
(2) A commodity contract for the purchase of one or more preciousmetals which requires, and under which the purchaser receives, within sevencalendar days from the payment in good funds of any portion of the purchaseprice, physical delivery of the quantity of the precious metals purchasedby such payment; provided that, for purposes of this subdivision, physicaldelivery shall be deemed to have occurred if, within such seven-day period,such quantity of precious metals purchased by such payment is delivered,whether in specifically segregated or fungible bulk form, into thepossession of a depository other than the seller which is either afinancial institution, a depository the warehouse receipts of which arerecognized for delivery purposes for any commodity on a contract marketdesignated by the Commodity Futures Trading Commission, a storage facilitylicensed or regulated by the United States or any agency thereof, or adepository designated by the commissioner and such depository (or otherperson which itself qualifies as a depository as aforesaid) issues and thepurchaser receives, a certificate, document of title, confirmation or otherinstrument evidencing that such quantity of precious metals has beendelivered to the depository and is being and will continue to be held bythe depository on the purchaser's behalf, free and clear of all liens andencumbrances, other than liens of the purchaser, tax liens, liens agreed toby the purchaser, or liens of the depository for fees and expenses, whichhave previously been disclosed to the purchaser;
(3) A commodity contract for the sale of a cash commodity fordeferred shipment or delivery entered into solely between persons engagedin producing, processing, using commercially or handling as merchants, eachcommodity subject thereto, or any by-product thereof; or
(4) A commodity contract under which the offeree or the purchaser isa person referred to in subdivisions (1) through (7) of subsection 2 ofsection 409.803, an insurance company, an investment company as defined inthe Investment Company Act of 1940, or an employee pension and profitsharing or benefit plan other than a self-employed individual retirementplan, or individual retirement account.
2. The commissioner may promulgate rules and issue orders prescribingthe terms and conditions of all transactions and contracts covered by theprovisions of sections 409.800 to 409.863 which are not within theexclusive jurisdiction of the Commodity Futures Trading Commission asgranted by the Commodity Exchange Act, exempting any person or transactionfrom any provision of sections 409.800 to 409.863, conditionally orunconditionally, and otherwise implementing the provisions of sections409.800 to 409.863 for the protection of purchasers and sellers ofcommodities. No rule or portion of a rule promulgated under the authorityof this chapter shall become effective unless it has been promulgatedpursuant to the provisions of section 536.024, RSMo.
Exempt transaction--rules, generally, this chapter, procedure.
409.806. 1. The provisions of section 409.803 shall not apply to thefollowing:
(1) A transaction within the exclusive jurisdiction of the CommodityFutures Trading Commission as granted under the Commodity Exchange Act;
(2) A commodity contract for the purchase of one or more preciousmetals which requires, and under which the purchaser receives, within sevencalendar days from the payment in good funds of any portion of the purchaseprice, physical delivery of the quantity of the precious metals purchasedby such payment; provided that, for purposes of this subdivision, physicaldelivery shall be deemed to have occurred if, within such seven-day period,such quantity of precious metals purchased by such payment is delivered,whether in specifically segregated or fungible bulk form, into thepossession of a depository other than the seller which is either afinancial institution, a depository the warehouse receipts of which arerecognized for delivery purposes for any commodity on a contract marketdesignated by the Commodity Futures Trading Commission, a storage facilitylicensed or regulated by the United States or any agency thereof, or adepository designated by the commissioner and such depository (or otherperson which itself qualifies as a depository as aforesaid) issues and thepurchaser receives, a certificate, document of title, confirmation or otherinstrument evidencing that such quantity of precious metals has beendelivered to the depository and is being and will continue to be held bythe depository on the purchaser's behalf, free and clear of all liens andencumbrances, other than liens of the purchaser, tax liens, liens agreed toby the purchaser, or liens of the depository for fees and expenses, whichhave previously been disclosed to the purchaser;
(3) A commodity contract for the sale of a cash commodity fordeferred shipment or delivery entered into solely between persons engagedin producing, processing, using commercially or handling as merchants, eachcommodity subject thereto, or any by-product thereof; or
(4) A commodity contract under which the offeree or the purchaser isa person referred to in subdivisions (1) through (7) of subsection 2 ofsection 409.803, an insurance company, an investment company as defined inthe Investment Company Act of 1940, or an employee pension and profitsharing or benefit plan other than a self-employed individual retirementplan, or individual retirement account.
2. The commissioner may promulgate rules and issue orders prescribingthe terms and conditions of all transactions and contracts covered by theprovisions of sections 409.800 to 409.863 which are not within theexclusive jurisdiction of the Commodity Futures Trading Commission asgranted by the Commodity Exchange Act, exempting any person or transactionfrom any provision of sections 409.800 to 409.863, conditionally orunconditionally, and otherwise implementing the provisions of sections409.800 to 409.863 for the protection of purchasers and sellers ofcommodities. No rule or portion of a rule promulgated under the authorityof this chapter shall become effective unless it has been promulgatedpursuant to the provisions of section 536.024, RSMo.
Exempt transaction--rules, generally, this chapter, procedure.
409.806. 1. The provisions of section 409.803 shall not apply to thefollowing:
(1) A transaction within the exclusive jurisdiction of the CommodityFutures Trading Commission as granted under the Commodity Exchange Act;
(2) A commodity contract for the purchase of one or more preciousmetals which requires, and under which the purchaser receives, within sevencalendar days from the payment in good funds of any portion of the purchaseprice, physical delivery of the quantity of the precious metals purchasedby such payment; provided that, for purposes of this subdivision, physicaldelivery shall be deemed to have occurred if, within such seven-day period,such quantity of precious metals purchased by such payment is delivered,whether in specifically segregated or fungible bulk form, into thepossession of a depository other than the seller which is either afinancial institution, a depository the warehouse receipts of which arerecognized for delivery purposes for any commodity on a contract marketdesignated by the Commodity Futures Trading Commission, a storage facilitylicensed or regulated by the United States or any agency thereof, or adepository designated by the commissioner and such depository (or otherperson which itself qualifies as a depository as aforesaid) issues and thepurchaser receives, a certificate, document of title, confirmation or otherinstrument evidencing that such quantity of precious metals has beendelivered to the depository and is being and will continue to be held bythe depository on the purchaser's behalf, free and clear of all liens andencumbrances, other than liens of the purchaser, tax liens, liens agreed toby the purchaser, or liens of the depository for fees and expenses, whichhave previously been disclosed to the purchaser;
(3) A commodity contract for the sale of a cash commodity fordeferred shipment or delivery entered into solely between persons engagedin producing, processing, using commercially or handling as merchants, eachcommodity subject thereto, or any by-product thereof; or
(4) A commodity contract under which the offeree or the purchaser isa person referred to in subdivisions (1) through (7) of subsection 2 ofsection 409.803, an insurance company, an investment company as defined inthe Investment Company Act of 1940, or an employee pension and profitsharing or benefit plan other than a self-employed individual retirementplan, or individual retirement account.
2. The commissioner may promulgate rules and issue orders prescribingthe terms and conditions of all transactions and contracts covered by theprovisions of sections 409.800 to 409.863 which are not within theexclusive jurisdiction of the Commodity Futures Trading Commission asgranted by the Commodity Exchange Act, exempting any person or transactionfrom any provision of sections 409.800 to 409.863, conditionally orunconditionally, and otherwise implementing the provisions of sections409.800 to 409.863 for the protection of purchasers and sellers ofcommodities. No rule or portion of a rule promulgated under the authorityof this chapter shall become effective unless it has been promulgatedpursuant to the provisions of section 536.024, RSMo.
