reglab/housing_qa huggingface dataset:
WV Code § 32A-3-1 (2021)
2021 West Virginia Code|Chapter 32A. Land Sales; False Advertising; Issuance and Sale of Checks, Drafts, Money Orders, etc.|Article 3. Check Cashing|§32A-3-1. Check Cashing Permitted

(a) A merchant primarily in the business of making retail consumer sales may offer check cashing services at its stores to accommodate its customers in the course of said business, and may collect a fee for the service, if the check cashing service and any fees charged are incidental to the main business of the merchant. Except as set forth in subsection (b) of this section, the term "check cashing services" does not include a transaction where a customer presents a check for the exact amount of a purchase. Fees charged in connection with check cashing services may not exceed the greater of $1, or one percent of the face value of the check cashed.(b) Merchants may not, in connection with providing check cashing services, agree to hold checks submitted to them for deposit at a later date for the purpose of providing a loan of money and deriving profit therefrom.(c) No license is required as a condition for a merchant providing check cashing services in conformity with subsections (a) and (b) of this section.(d) Where a merchant derives more than five percent of his or her gross revenues from cashing checks, the check cashing services are not considered incidental to the main business of the merchant, and the merchant is required to be licensed under article two of this chapter.(e) Persons holding a license pursuant to article two of this chapter may in conjunction with their licensed business, or other lawful business, engage in the business of check cashing in West Virginia. Fees charged for check cashing services by a licensee under article two of this chapter shall be posted and conform to those permitted merchants under this section. No licensee may in connection with providing check cashing services agree to hold checks submitted to it for deposit at a later date for the purpose of providing a loan of money and deriving profit therefrom.(f) Federally-insured depository institutions, foreign bank agencies, and governmental entities exempt from licensure as money transmitters under this chapter are exempt from the provisions of this article. Other financial institutions licensed by and under the jurisdiction of the commissioner of banking may upon written approval engage in the check cashing business permitted merchants under this article.(g) Except as provided or allowed by this article, no person may engage in the check cashing business. As used in this article the term "check cashing business" means any person who engages in the business of cashing checks, including drafts, money orders, or other instruments for the transmission or payment of money for a fee. However, the term "check" as used in this article does not include a travelers check or a foreign denomination check.
WV Code § 32A-3-2 (2021)
2021 West Virginia Code|Chapter 32A. Land Sales; False Advertising; Issuance and Sale of Checks, Drafts, Money Orders, etc.|Article 3. Check Cashing|§32A-3-2. Obstruction of Investigations

No merchant or person subject to this article may obstruct or refuse to permit any lawful investigation into their check cashing activities by the commissioner of banking, a person acting on behalf of an agency of the state or political subdivision thereof, or a law-enforcement officer.
WV Code § 32A-3-3 (2021)
2021 West Virginia Code|Chapter 32A. Land Sales; False Advertising; Issuance and Sale of Checks, Drafts, Money Orders, etc.|Article 3. Check Cashing|§32A-3-3. Violations and Penalties

(a) The charging of fees for check cashing services in excess of those permitted under this article gives rise to a cause of action by the injured party to recover twice the actual damages suffered by reason of the violation.(b) The charging of fees for check cashing services in violation of the provisions of subsections (b) or (e), section one of this article, prohibiting lending through a check cashing transaction, constitutes prohibited finance charges, and gives rise to a cause of action by the party upon whom the charge was imposed to recover all fees paid and all actual damages suffered by reason of the violation. Where the transaction is of an amount and for purposes that would constitute a consumer loan, the conduct of impermissible check cashing services is considered an unfair and deceptive act and may be subject to provisions and penalties set forth in chapter forty-six-a of this code.(c) Engaging in the check cashing business without the license required by this article gives rise to a cause of action by the injured party to recover all fees paid and all actual damages suffered by reason of the violation.(d) Actions brought under this article by customers for recovery of actual damages shall be brought within one year of the occurrence of the transaction.
WV Code § 32A-3-4 (2021)
2021 West Virginia Code|Chapter 32A. Land Sales; False Advertising; Issuance and Sale of Checks, Drafts, Money Orders, etc.|Article 3. Check Cashing|§32A-3-4. Injunctions

If any merchant or person is in violation of this article, the commissioner of banking or other appropriate law-enforcement officer may apply to the circuit court of Kanawha County or the county in which the violation occurred for an order enjoining the merchant or person from violating or continuing to violate the article, rule, or order and for injunctive or other relief that the nature of the case may require. The authority to seek injunctions under this section is cumulative with any other enforcement right accruing under other provisions of law and this code.
WV Code § 32B-1-2 (2021)
2021 West Virginia Code|Chapter 32B. The West Virginia Commodities Act|Article 1. General Provisions|§32B-1-2. Unlawful Commodity Transactions

Except as otherwise provided in section three or four of this article, a person shall not sell or purchase or offer to sell or purchase any commodity under any commodity contract or commodity option, nor shall a person offer to enter into or enter into a contract as a seller or purchaser any commodity contract or any commodity option.
WV Code § 32B-1-3 (2021)
2021 West Virginia Code|Chapter 32B. The West Virginia Commodities Act|Article 1. General Provisions|§32B-1-3. Exempt Person Transactions

(a) The prohibitions in section two of this article do not apply to any transaction offered by and in which one of the following persons, or any employee, officer or director thereof acting solely in that capacity, is the purchaser or seller:(1) A person registered with the commodity futures trading commission as a futures commission merchant or as a leverage transaction merchant whose activities require such registration;(2) A person registered with the securities and exchange commission as a broker-dealer whose activities require such registration;(3) A person affiliated with, and whose obligations and liabilities under the transaction are guaranteed by, a person referred to in subdivision (1) or (2) of this section;(4) A person who is a member of a contract market designated by the commodity futures trading commission, or any clearinghouse thereof;(5) A financial institution; or(6) A person registered under the laws of this state as a securities broker-dealer whose activities require such registration.(b) The exemption provided by this section does not apply to any transaction or activity which is prohibited by the Commodity Exchange Act or CFTC Rule.
WV Code § 32B-1-5 (2021)
2021 West Virginia Code|Chapter 32B. The West Virginia Commodities Act|Article 1. General Provisions|§32B-1-5. Unlawful Commodity Activities

(a) A person may not engage in a trade or business or otherwise act as a commodity merchant unless the person: (1) Is registered or temporarily licensed with the commodity futures trading commission for each activity in which the person is acting as a commodity merchant and the registration or temporary license has not expired, been suspended or revoked; or (2) is exempt from registration by virtue of the Commodity Exchange Act or of a CFTC Rule.(b) A board of trade shall not trade or provide a place for the trading of any commodity contract or commodity option required to be traded on or subject to the rules of a contract market designated by the commodity futures trading commission unless the board of trade has been so designated for the commodity contract or commodity option and the designation has not been vacated, suspended or revoked.
WV Code § 32B-1-6 (2021)
2021 West Virginia Code|Chapter 32B. The West Virginia Commodities Act|Article 1. General Provisions|§32B-1-6. Fraudulent Conduct

(a) A person may not directly or indirectly:(1) Cheat or defraud, or attempt to cheat or defraud any other person or employ any device, scheme or artifice to defraud any other person;(2) 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 light of the circumstances under which they were made, not misleading;(3) Engage in any transaction, act, practice or course of business, including, without limitation, any form of advertising or solicitation, which operates or would operate as a fraud or deceit upon any person; or(4) Misappropriate or convert the funds, security or property of any other person in or in connection with the purchase or sale of, the offer to sell, the offer to purchase, the offer to enter into, or the entry into of, any commodity contract or commodity option subject to the provisions of subdivision (2), (3) or (4), subsection (a), section four of this article.
WV Code § 32B-1-7 (2021)
2021 West Virginia Code|Chapter 32B. The West Virginia Commodities Act|Article 1. General Provisions|§32B-1-7. Liability of Principals, Controlling Persons and Others

(a) The act, omission or failure of any official, agent or other person acting for any individual, association, partnership, corporation or trust within the scope of his or her employment or office is considered the act, omission or failure of the individual, association, partnership, corporation or trust, as well as of such official, agent or other person.(b) Every person who directly or indirectly controls a person liable under any provision of this chapter, every partner, officer or director of a person, every person occupying a similar status or performing similar functions and every employee of a person who materially aids in the violation is also liable jointly and severally with and to the same extent as the other person, unless the person who is also liable by virtue of this provision sustains the burden of proof that he or she did not know and, in the exercise of reasonable care, could not have known of the existence of the alleged facts that the liability is based upon.
WV Code § 32B-1-8 (2021)
2021 West Virginia Code|Chapter 32B. The West Virginia Commodities Act|Article 1. General Provisions|§32B-1-8. Securities Laws Unaffected

Nothing in this chapter impairs, derogates or otherwise affects the authority or powers of the commissioner under the West Virginia Uniform Securities Act, or the application of any provision of chapter thirty-two of this code to any person or transaction subject to its provisions.
WV Code § 32B-1-9 (2021)
2021 West Virginia Code|Chapter 32B. The West Virginia Commodities Act|Article 1. General Provisions|§32B-1-9. Purpose

This chapter may be construed and implemented to effectuate its general purpose to protect investors, to prevent and prosecute illegal and fraudulent schemes involving commodity contracts and to maximize coordination with federal and other states' laws and the administration and enforcement thereof. This chapter is not intended to create any rights or remedies upon which actions may be brought by private persons against persons who violate the provisions of this chapter.
WV Code § 32B-2-1 (2021)
2021 West Virginia Code|Chapter 32B. The West Virginia Commodities Act|Article 2. Administration and Enforcement|§32B-2-1. Investigations

(a) The commissioner may make investigations, within or without this state, as it finds necessary or appropriate to:(1) Determine whether any person has violated, or is about to violate, any provision of this chapter or any rule or order of the commissioner; or(2) Aid in enforcement of this chapter.(b) The commissioner may publish information concerning any violation of this chapter or any rule or order of the commissioner.(c) For purposes of any investigation or proceeding under this chapter, the commissioner or any officer or employee designated by rule or order may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence and require the production of any books, papers, correspondence, memoranda, agreements or other documents or records which the commissioner finds to be relevant or material to the inquiry.(d)(1) If a person does not give testimony or produce the documents required by the commissioner or a designated employee pursuant to an administrative subpoena, the commissioner or designated employee may apply for a court order compelling compliance with the subpoena or the giving of the required testimony.(2) The request for order of compliance may be addressed to either:(A) The circuit court of Kanawha County or the circuit court for the respective judicial circuit where service may be obtained on the person refusing to testify or produce, if the person is within this state; or(B) The appropriate court of the state having jurisdiction over the person refusing to testify or produce, if the person is outside this state.
WV Code § 32B-2-2 (2021)
2021 West Virginia Code|Chapter 32B. The West Virginia Commodities Act|Article 2. Administration and Enforcement|§32B-2-2. Enforcement of Chapter

(a) If the commissioner believes, whether or not based upon an investigation conducted under the provisions of section one of this article, that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this chapter or any rule or order under the provisions of this chapter, then the commissioner may:(1) Issue a cease and desist order;(2) Issue an order imposing a civil penalty in amount which may not exceed $10,000 for any single violation or $100,000 for multiple violations in a single proceeding or a series of related proceedings;(3) Initiate any of the actions specified in subsection (b) of this section; or(4) Take disciplinary action against a licensed person as specified in section eight, article three of this chapter.(b) The commissioner may institute any of the following actions in an appropriate court of this state or of another state, in addition to any legal or equitable remedies otherwise available:(1) A declaratory judgment;(2) An action for a prohibitory or mandatory injunction to enjoin the violation and to ensure compliance with this chapter or any rule or order of the commissioner;(3) An action for disgorgement;(4) An action for appointment of a receiver or conservator for the defendant or the defendant's assets; or(5) An action to enjoin permanently any person from acting as a commodity broker-dealer or a commodity sales representative, as defined in subsection (a) or (b), section one, article three of this chapter.
WV Code § 32B-2-4 (2021)
2021 West Virginia Code|Chapter 32B. The West Virginia Commodities Act|Article 2. Administration and Enforcement|§32B-2-4. Criminal Penalties

(a) Any person who willfully violates:(1) Any provision of this chapter; or(2) Any rule or order of the commissioner under this chapter shall, upon conviction of each violation, be fined not more than $20,000 or imprisoned at a state correctional facility not more than ten years, or both.(b) Any person convicted of violating a rule or order under this chapter may be fined but not imprisoned if the person proves that he or she had no knowledge of the rule or order.(c) The commissioner may refer any evidence concerning violations of this chapter or any rule or order of the commissioner to the United States attorney or the appropriate county prosecuting attorneys, who may, with or without a reference from the commissioner, institute the appropriate criminal proceedings under this chapter.
WV Code § 32B-2-5 (2021)
2021 West Virginia Code|Chapter 32B. The West Virginia Commodities Act|Article 2. Administration and Enforcement|§32B-2-5. Administration of Chapter

(a) This chapter shall be administered by the commissioner of this state.(b) Neither the commissioner nor any employees of the commissioner may use any information that is filed with or obtained by the commissioner that is not public information for personal gain or benefit, nor may the commissioner nor any employees of the commissioner conduct any securities or commodity dealings whatsoever based upon any such information, even though public, if there has not been a sufficient period of time for the securities or commodity markets to assimilate the information.(c)(1) Except as provided for in subdivision (2) of this subsection, all information collected, assembled or maintained by the commissioner is public information and is available for the examination of the public as provided by the Freedom of Information Act in chapter twenty-nine-b of this code.(2) The following exceptions to subdivision (1) of this subsection are confidential:(A) Information obtained in private investigations pursuant to section one of this article;(B) Information made confidential by the provisions of the Freedom of Information Act in chapter twenty-nine-b of this code; and(C) Information obtained from federal agencies that cannot be disclosed under federal law.(3) The commissioner may disclose any information made confidential under paragraph (A), subdivision (2), subsection (c) of this section to persons identified in subsection (a), section six of this article.(4) No provision of this chapter creates or negates any privilege that exists at common law, by statute or otherwise, when any documentary or other evidence is sought under subpoena directed to the commissioner or any employee of the commissioner.
WV Code § 32B-2-6 (2021)
2021 West Virginia Code|Chapter 32B. The West Virginia Commodities Act|Article 2. Administration and Enforcement|§32B-2-6. Cooperation With Other Agencies

(a) To encourage uniform application and interpretation of this chapter and of securities regulation and enforcement in general, the commissioner and the employees of the commissioner may cooperate, and bear the expense of such cooperation, with the securities agencies or commissioner of another jurisdiction, Canadian province or territory, any other agencies administering this chapter, the commodity futures trading commission, the securities and exchange commission, any self-regulatory organization established under the Commodity Exchange Act or the Securities Exchange Act of 1934, any national or international organization of commodities or securities officials or agencies and any governmental law-enforcement agencies.(b) The cooperation authorized by subsection (a) of this section includes, but is not limited to, the following:(1) Making joint examinations or investigations;(2) Holding joint administrative hearings;(3) Filing and prosecuting joint litigation;(4) Sharing and exchanging personnel;(5) Sharing and exchanging information and documents;(6) Formulating and adopting mutual regulations, statements of policy, guidelines, proposed statutory changes and releases; and(7) Issuing and enforcing subpoenas at the request of the agency administering this chapter in another jurisdiction, the securities agency of another jurisdiction, the commodity futures trading commission or the securities and exchange commission if the information sought would also be subject to lawful subpoena for conduct occurring in this state.
WV Code § 32B-2-7 (2021)
2021 West Virginia Code|Chapter 32B. The West Virginia Commodities Act|Article 2. Administration and Enforcement|§32B-2-7. General Authority to Adopt Rules, Forms and Orders

(a) In addition to specific authority granted elsewhere in this chapter, the commissioner may make, amend and rescind rules, forms and orders as are necessary to effectuate the provisions of this chapter. The rules or forms include, but are not limited to, the following:(1) Rules defining any terms, whether or not used in this chapter, insofar as the definitions are not inconsistent with the provisions of this chapter.(2) For the purpose of rules or forms, the commissioner may classify commodities and commodity contracts, persons and matters within the commissioner's jurisdiction.(b) Unless specifically provided for in this chapter, no rule, form or order may be adopted, amended or rescinded unless the commissioner finds that the action is:(1) Necessary or appropriate in the public interest or for the protection of investors; and(2) Consistent with the purposes fairly intended by the policy and provisions of this chapter.(c) All rules and forms of the commissioner shall be published.(d) A provision of this chapter imposing any liability does not apply to any act done or omitted in good faith in conformity with a rule, order or form adopted by the commissioner, notwithstanding that the rule, order or form may later be amended, rescinded or be determined by judicial or other authority to be invalid for any reason.
WV Code § 32B-2-8 (2021)
2021 West Virginia Code|Chapter 32B. The West Virginia Commodities Act|Article 2. Administration and Enforcement|§32B-2-8. Consent to Service of Process

When a person, including a nonresident of this state, engages in conduct prohibited or made actionable by this chapter or any rule or order of the commissioner, such conduct shall cause the appointment of the commissioner as the person's attorney to receive service of any lawful process in a noncriminal proceeding against the person, a successor or personal representative for an action brought under this chapter or any rule or order of the commissioner with the same force and validity as if served personally.
WV Code § 32B-2-9 (2021)
2021 West Virginia Code|Chapter 32B. The West Virginia Commodities Act|Article 2. Administration and Enforcement|§32B-2-9. Scope of the Chapter

(a) Sections two, five and six, article one of this chapter shall apply to persons who sell or offer to sell when:(1) An offer to sell is made in this state; or(2) An offer to buy is made and accepted in this state.(b) Sections two, five and six, article one of this chapter apply to persons who buy or offer to buy when:(1) An offer to buy is made in this state; or(2) An offer to sell is made and accepted in this state.(c) For the purposes of this section, 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:(1) Originates from this state; or(2) 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.(d) For the purposes of this section, an offer to buy or to sell is accepted in this state when acceptance:(1) Is communicated to the offeror in this state; and(2) Has not previously been communicated to the offeror, orally or in writing, outside this state and acceptance is communicated to the offeror in this state, whether or not either party is then present in this state, when the offeree directs it to the offeror in this state, reasonably believing the offeror to be in this state, and the offer is received at the place to which it is directed, or at any post office in this state in the case of a mailed acceptance.(e) An offer to sell or to buy is not made in this state when:(1) The publisher circulates or there is circulated on his or her behalf any bona fide newspaper or other publication of general, regular or paid circulation that is not published in this state, or that is published in this state but has had more than two thirds of its circulation outside this state during the past twelve months; or(2) A radio or television program originating outside this state that is received in this state.