State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_78D > GS_78D-29

§78D‑29.  Scope of the Chapter.

(a)        G.S. 78D‑2,78D‑5 and 78D‑6 apply to persons who sell or offer to sell when:

(1)        An offer to sell ismade in this State, or

(2)        An offer to buy ismade and accepted in this State.

(b)        G.S. 78D‑2,78D‑5 and 78D‑6 apply to persons who buy or offer to buy when:

(1)        An offer to buy ismade in this State, or

(2)        An offer to sell ismade and accepted in this State.

(c)        For the purpose ofthis section, 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:

(1)        Originates from thisState, or

(2)        Is directed by theofferor to this State and received at the place to which it is directed (or atany post office in this State in the case of a mailed offer).

(d)        For the purpose ofthis section, an offer to buy or to sell is accepted in this State whenacceptance:

(1)        Is communicated tothe offeror in this State, and

(2)        Has not previouslybeen communicated to the offeror, orally or in writing, outside this State; andacceptance is communicated to the offeror in this State, whether or not eitherparty is then present in this State, when the offeree directs it to the offerorin this State, reasonably believing the offeror to be in this State and it isreceived at the place to which it is directed (or at any post office in thisState in the case of a mailed acceptance).

(e)        An offer to sell orto buy is not made in this State when:

(1)        The publishercirculates or there is circulated on his behalf in this State any bona fidenewspaper or other publication of general, regular, and paid circulation whichis not published in this State, or which is published in this State but has hadmore than two‑thirds of its circulation outside this State during thepast 12 months, or

(2)        A radio ortelevision program originating outside this State is received in this State. (1989,c. 634, s. 1.)