Compilation of Rules and Regulations of the State of Georgia
Department 590 - RULES OF OFFICE OF SECRETARY OF STATE
Chapter 590-4 - COMMISSIONER OF SECURITIES
Subject 590-4-9 - COMMODITIES
Rule 590-4-9-.02 - Jurisdiction

Current through Rules and Regulations filed through September 23, 2024

(1) In accordance with the limitations, exclusions and conditions imposed by the Act, the Commissioner shall have jurisdiction with respect to accounts, agreements (including any transaction that is of the character of, or a commodity known to the trade as an "option," "privilege," "indemnity," "bid," "offer," "put," "call," "advance guaranty," or "decline guaranty"), and transactions involving contracts of sale of a commodity for future delivery, traded or executed on a contract market designated by the Commissioner or any other board of trade, exchange, or market, and transactions subject to regulation by the Commodity Futures Trading Commission pursuant to 7 U.S.C. § 23.

(2) To the extent that a commodity pool arrangement presents a security, such commodity pool and commodity pool operator shall be subject to the provisions of the Georgia Securities Act of 1973, as amended. (Code Section 10-5-1et seq.)

(3) Except as hereinabove provided, nothing contained in the Act shall supersede or limit the jurisdiction of the Commissioner under the Georgia Securities Act of 1973, as amended.

O.C.G.A. Sec. 10-5A-8.

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