Mississippi Commodities Enforcement Act

Sections covered

• Miss. Code Ann. § 75-89-1Short Title
• Miss. Code Ann. § 75-89-11Requirements to engage in trade or business of commodity merchant
• Miss. Code Ann. § 75-89-13Fraudulent or deceitful acts, false or misleading statements or reports, and the like prohibited
• Miss. Code Ann. § 75-89-15Vicarious or agency liability
• Miss. Code Ann. § 75-89-17Purpose and construction; no private rights or remedies created
• Miss. Code Ann. § 75-89-19Investigation and enforcement by administrator; compulsion of testimony and other evidence
• Miss. Code Ann. § 75-89-21Action by administrator to prevent, enjoin, and prosecute violations; administrative penalties
• Miss. Code Ann. § 75-89-23Judicial measures to prevent, enjoin, and prosecute violations of Mississippi or other state’s Commodity Act; special remedies; administrator need not post bond
• Miss. Code Ann. § 75-89-25Penalties; period of limitations; institution of criminal proceedings
• Miss. Code Ann. § 75-89-27Secretary of State to administer chapter; insider information; public and privileged information; subpoena of evidence
• Miss. Code Ann. § 75-89-29Cooperation with like agencies in other jurisdictions
• Miss. Code Ann. § 75-89-3Definitions
• Miss. Code Ann. § 75-89-31Administrator may make, amend and rescind rules, forms and orders; publication of same; exemption from liability therefor
• Miss. Code Ann. § 75-89-33Conduct violative of chapter or rule deemed appointment of administrator to accept service of process
• Miss. Code Ann. § 75-89-35Applicability of certain provisions when purchase, sale, or offer to buy or sell is made in state; what constitutes purchase, sale, or offer to buy or sell in state
• Miss. Code Ann. § 75-89-37Procedure for administrative proceedings; notice and hearing
• Miss. Code Ann. § 75-89-39Judicial review of final orders
• Miss. Code Ann. § 75-89-41Burden of proof as to exemptions
• Miss. Code Ann. § 75-89-43Failure to make timely delivery not a violation when caused by factors beyond control of seller, seller’s agents, etc
• Miss. Code Ann. § 75-89-45Interpretative opinions; no-action determinations
• Miss. Code Ann. § 75-89-5Commodity sale or purchase permitted only pursuant to Section 75-89-7 or 75-89-9
• Miss. Code Ann. § 75-89-7Persons authorized to conduct commodity transactions
• Miss. Code Ann. § 75-89-9Exempt transactions; qualified seller defined; requirements; waiver of requirements; authority of administrator to deny, suspend, revoke or place limitations on authority of, or exemption for, qualified seller; summary denial or suspension of exemption for qualified seller; rules, regulations and orders