409.6-610. Jurisdiction.
Jurisdiction.
409.6-610. (a) Sections 409.3-301, 409.3-302, 409.4-401(a),409.4-402(a), 409.4-403(a), 409.4-404(a), 409.5-501, 409.5-506, 409.5-509, and409.5-510 do not apply to a person that sells or offers to sell a securityunless the offer to sell or the sale is made in this state or the offer topurchase or the purchase is made and accepted in this state.
(b) Sections 409.4-401(a), 409.4-402(a), 409.4-403(a), 409.4-404(a),409.5-501, 409.5-506, 409.5-509, and 409.5-510 do not apply to a person thatpurchases or offers to purchase a security unless the offer to purchase or thepurchase is made in this state or the offer to sell or the sale is made andaccepted in this state.
(c) For the purpose of this section, an offer to sell or to purchase asecurity is made in this state, whether or not either party is then present inthis state, if the offer:
(1) Originates from within this state; or
(2) Is directed by the offeror to a place in this state and received atthe place to which it is directed.
(d) For the purpose of this section, an offer to purchase or to sell isaccepted in this state, whether or not either party is then present in thisstate, if the acceptance:
(1) Is communicated to the offeror in this state and the offereereasonably believes the offeror to be present in this state and the acceptanceis received at the place in this state to which it is directed; and
(2) Has not previously been communicated to the offeror, orally or in arecord, outside this state.
(e) An offer to sell or to purchase is not made in this state when apublisher circulates or there is circulated on the publisher's behalf in thisstate a bona fide newspaper or other publication of general, regular, and paidcirculation that is not published in this state, or that is published in thisstate but has had more than two-thirds of its circulation outside this stateduring the previous twelve months or when a radio or television program orother electronic communication originating outside this state is received inthis state. A radio or television program, or other electronic communicationis considered as having originated in this state if either the broadcaststudio or the originating source of transmission is located in this state,unless:
(1) The program or communication is syndicated and distributed fromoutside this state for redistribution to the general public in this state;
(2) 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;
(3) The program or communication is an electronic communication thatoriginates outside this state and is captured for redistribution to thegeneral public in this state by a community antenna or cable, radio, cabletelevision, or other electronic system; or
(4) The program or communication consists of an electronic communicationthat originates in this state, but which is not intended for distribution tothe general public in this state.
(f) Sections 409.4-403(a), 409.4-404(a), 409.4-405(a), 409.5-502,409.5-505, and 409.5-506 apply to a person if the person engages in an act,practice, or course of business instrumental in effecting prohibited oractionable conduct in this state, whether or not either party is then presentin this state.
(L. 2003 H.B. 380)Effective 9-01-03