Title 50 — TRADE REGULATIONS AND PRACTICES
As used in this chapter: “Board of trade” means any person or persons engaged in buying or selling any commodity or receiving the same for sale on consignment, whether such person or persons are characterized as a board of trade, exchange or other form of marketplace. “Commodity” means, except as otherwise specified by the director by rule, all goods, arti…
Except as otherwise provided in ORS 645.015 or 645.020: No person shall sell or purchase or offer to sell or purchase any commodity under any commodity contract or under any commodity option or offer to enter into or enter into as seller or purchaser any commodity contract or any commodity option. No person shall participate or materially aid another perso…
The prohibitions in ORS 645.010 shall not apply to any transaction by: A person registered with the federal Commodity Futures Trading Commission as a futures commission merchant or as a leverage transaction merchant whose activities require registration; A person affiliated with, and whose obligations and liabilities under the transaction are guaranteed by…
The prohibitions in ORS 645.010 shall not apply to the following: An account, agreement or transaction within the exclusive jurisdiction of the federal Commodity Futures Trading Commission; A commodity contract for silver, gold, platinum, palladium, copper or other precious metal as defined by rule of the director whether in coin, bullion or other form if …
ORS 645.010, 645.035 and 645.040 apply to persons who sell or offer to sell when: An offer to sell is made in this state; or An offer to buy is made and accepted in this state. ORS 645.010, 645.035 and 645.040 apply to persons who buy or offer to buy when: An offer to buy is made in this state; or An offer to sell is made and accepted in this state.
For the purpose of ORS 645.025, an offer to sell or to buy is made in this state, whether or not either party is then present in this state, when the offer: Originates from this state; or Is directed by the offeror to this state and received at the place to which it is directed or at any post office in this state in the case of a mailed offer. For the pur…
No person shall engage in a trade or business or otherwise act as a commodity merchant unless such person: Is registered or temporarily licensed with the federal Commodity Futures Trading Commission for each activity constituting such person as a commodity merchant; or Is exempt from such registration by virtue of the federal Commodity Exchange Act or rule…
It is unlawful for any person, directly or indirectly, in connection with a commodity contract or commodity option: To employ any device, scheme or artifice to defraud; To make any false report, enter any false record or make any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements made, in the ligh…
The director: May make such public or private investigations within or outside this state as the director deems necessary to determine whether a person has violated or is about to violate any provision of this chapter or any rule or order of the director, or to aid in the enforcement of this chapter or in the adoption of rules thereunder; May require or pe…
In accordance with ORS chapter 183, the director may adopt such rules as are necessary to carry out the provisions of this chapter. The director may: Adopt rules or issue orders prescribing the terms and conditions of all transactions and contracts covered by the provisions of this chapter which are not within the exclusive jurisdiction of the federal Comm…
For the purpose of an investigation or proceeding under this chapter, the director may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence and require the production of books, papers, correspondence, memoranda, agreements or other documents or records which the director deems relevant or material to the inquiry. Each…
Except as provided in ORS 183.745, upon the entry of an order under this chapter, the director shall promptly give to all interested persons notice of the order and notice that a hearing will be held on the order if a written demand for a hearing is filed with the director within 20 days after the date of service of the order. If timely demand for a hearing…
A person aggrieved by an order of the director which has been the subject of a timely application for hearing before the director shall be entitled to judicial review of the order under ORS chapter 183. No judgment of a reviewing court under ORS chapter 183 shall bar the director from thereafter vacating or modifying an order involved in the proceeding for …
Whenever it appears to the director that a person has engaged in an act or practice constituting a violation of any provision of this chapter or any rule or order of the director, the director may bring an action in the name and on behalf of the State of Oregon in any circuit court of this state to enjoin the acts or practices and to enforce compliance with …
It is not necessary to negate any of the exemptions or classifications provided in this chapter in a complaint, action, information, indictment or other writ or proceeding laid or brought under this chapter; and the burden of proof of an exemption or classification shall be upon the party claiming the benefit of such exemption or classification. MISCELLANEO…
No provision of this chapter imposing civil or criminal liability shall apply to an act done or omitted in good faith in conformity with a rule or order of the director, notwithstanding that the rule or order may later be amended or rescinded or be determined by judicial or other authority to be invalid for any reason.
The courts of this state shall have jurisdiction over any person, including a nonresident of this state, who engages in any act or practice constituting a violation of any provision of this chapter or any rule or order of the director.
This chapter may be construed and implemented to effectuate its general purpose to protect investors and speculators, to prevent and prosecute illegal and fraudulent schemes involving commodity contracts and to maximize coordination with federal and other states’ law and the administration and enforcement thereof.
This chapter shall be known as the Oregon Commodity Code.
Nothing in this chapter shall impair, derogate or otherwise affect the authority or powers of the director under the Oregon Securities Law or the application of any provision thereof to any person or transaction. PENALTIES
In addition to all other penalties and enforcement provisions provided by law, the director or a court may assess a penalty of not more than $5,000 for every violation, which shall be paid to the General Fund of the State Treasury, against any person who violates, or who participates or materially aids another person in a violation, or who procures, aids or …
Violation of any provision of this chapter or any rule adopted by the director under this chapter is a Class B felony. _______________