State Codes and Statutes

Statutes > Missouri > T26 > C409 > 409_840

Application of sections 409.803, 409.808, 409.810, offers to sell,buy--where deemed made.

409.840. 1. Sections 409.803, 409.808 and 409.810 apply to persons who:

(1) Sell or offer to sell when:

(a) An offer to sell is made in this state; or

(b) An offer to buy is made and accepted in this state;

(2) Buy or offer to buy when:

(a) An offer to buy is made in this state; or

(b) An offer to sell is made and accepted in this state.

2. For the purpose of this section:

(1) An offer to sell or to buy is made in this state, whether or noteither party is then present in this state, when the offer:

(a) Originates from this state; or

(b) Is directed by the offeror to this state and received at the placeto which it is directed, or at any post office in this state in the case of amailed offer;

(2) An offer to buy or to sell is accepted in this state whenacceptance:

(a) Is communicated to the offeror in this state; and

(b) Has not previously been communicated to the offeror, whether or noteither party is then present in this state, when the offeree directs it to theofferor in this state reasonably believing the offeror to be in this state andit is received at the place to which it is directed, or at any post office inthis state in the case of a mailed acceptance;

(3) An offer to sell or to buy is not made in this state when thepublisher circulates, or there is circulated on his behalf, in this state, anybona fide newspaper or other publication of general, regular, and paidcirculation:

(a) Which is not published in this state; or

(b) Which is published in this state, but has had more than two-thirdsof its circulation outside this state during the past twelve months. For thepurpose of this subdivision, when a publication is published in editions, eachedition shall be considered a separate publication except for material commonto all editions;

(4) An offer to sell or to buy is not made in this state 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 shall be considered having originated from this stateif either the broadcast studio or means of transmission is located within thisstate, unless:

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

(b) The program or communication is supplied by a radio, television, orother electronic network with the electronic signal originating from outsidethis state for redistribution to the general public in this state;

(c) The program or communication is an electronic signal that originatesoutside this state and is captured for redistribution to the general public inthis state by a community antenna or cable radio, television, or otherelectronic system; or

(d) The program or communication consists of an electronic signal whichoriginates from within this state, but which is not intended forredistribution to the general public in this state. This subdivision shall not apply to any changes, alterations or additionsmade locally to a radio or television program or other electroniccommunications.

(L. 1985 H.B. 409 & 532 § 17)

State Codes and Statutes

Statutes > Missouri > T26 > C409 > 409_840

Application of sections 409.803, 409.808, 409.810, offers to sell,buy--where deemed made.

409.840. 1. Sections 409.803, 409.808 and 409.810 apply to persons who:

(1) Sell or offer to sell when:

(a) An offer to sell is made in this state; or

(b) An offer to buy is made and accepted in this state;

(2) Buy or offer to buy when:

(a) An offer to buy is made in this state; or

(b) An offer to sell is made and accepted in this state.

2. For the purpose of this section:

(1) An offer to sell or to buy is made in this state, whether or noteither party is then present in this state, when the offer:

(a) Originates from this state; or

(b) Is directed by the offeror to this state and received at the placeto which it is directed, or at any post office in this state in the case of amailed offer;

(2) An offer to buy or to sell is accepted in this state whenacceptance:

(a) Is communicated to the offeror in this state; and

(b) Has not previously been communicated to the offeror, whether or noteither party is then present in this state, when the offeree directs it to theofferor in this state reasonably believing the offeror to be in this state andit is received at the place to which it is directed, or at any post office inthis state in the case of a mailed acceptance;

(3) An offer to sell or to buy is not made in this state when thepublisher circulates, or there is circulated on his behalf, in this state, anybona fide newspaper or other publication of general, regular, and paidcirculation:

(a) Which is not published in this state; or

(b) Which is published in this state, but has had more than two-thirdsof its circulation outside this state during the past twelve months. For thepurpose of this subdivision, when a publication is published in editions, eachedition shall be considered a separate publication except for material commonto all editions;

(4) An offer to sell or to buy is not made in this state 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 shall be considered having originated from this stateif either the broadcast studio or means of transmission is located within thisstate, unless:

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

(b) The program or communication is supplied by a radio, television, orother electronic network with the electronic signal originating from outsidethis state for redistribution to the general public in this state;

(c) The program or communication is an electronic signal that originatesoutside this state and is captured for redistribution to the general public inthis state by a community antenna or cable radio, television, or otherelectronic system; or

(d) The program or communication consists of an electronic signal whichoriginates from within this state, but which is not intended forredistribution to the general public in this state. This subdivision shall not apply to any changes, alterations or additionsmade locally to a radio or television program or other electroniccommunications.

(L. 1985 H.B. 409 & 532 § 17)


State Codes and Statutes

State Codes and Statutes

Statutes > Missouri > T26 > C409 > 409_840

Application of sections 409.803, 409.808, 409.810, offers to sell,buy--where deemed made.

409.840. 1. Sections 409.803, 409.808 and 409.810 apply to persons who:

(1) Sell or offer to sell when:

(a) An offer to sell is made in this state; or

(b) An offer to buy is made and accepted in this state;

(2) Buy or offer to buy when:

(a) An offer to buy is made in this state; or

(b) An offer to sell is made and accepted in this state.

2. For the purpose of this section:

(1) An offer to sell or to buy is made in this state, whether or noteither party is then present in this state, when the offer:

(a) Originates from this state; or

(b) Is directed by the offeror to this state and received at the placeto which it is directed, or at any post office in this state in the case of amailed offer;

(2) An offer to buy or to sell is accepted in this state whenacceptance:

(a) Is communicated to the offeror in this state; and

(b) Has not previously been communicated to the offeror, whether or noteither party is then present in this state, when the offeree directs it to theofferor in this state reasonably believing the offeror to be in this state andit is received at the place to which it is directed, or at any post office inthis state in the case of a mailed acceptance;

(3) An offer to sell or to buy is not made in this state when thepublisher circulates, or there is circulated on his behalf, in this state, anybona fide newspaper or other publication of general, regular, and paidcirculation:

(a) Which is not published in this state; or

(b) Which is published in this state, but has had more than two-thirdsof its circulation outside this state during the past twelve months. For thepurpose of this subdivision, when a publication is published in editions, eachedition shall be considered a separate publication except for material commonto all editions;

(4) An offer to sell or to buy is not made in this state 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 shall be considered having originated from this stateif either the broadcast studio or means of transmission is located within thisstate, unless:

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

(b) The program or communication is supplied by a radio, television, orother electronic network with the electronic signal originating from outsidethis state for redistribution to the general public in this state;

(c) The program or communication is an electronic signal that originatesoutside this state and is captured for redistribution to the general public inthis state by a community antenna or cable radio, television, or otherelectronic system; or

(d) The program or communication consists of an electronic signal whichoriginates from within this state, but which is not intended forredistribution to the general public in this state. This subdivision shall not apply to any changes, alterations or additionsmade locally to a radio or television program or other electroniccommunications.

(L. 1985 H.B. 409 & 532 § 17)