reglab/housing_qa huggingface dataset:
MS Code § 75-89-27 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 89 - Mississippi Commodities Enforcement Act|§ 75-89-27. Secretary of State to administer chapter; insider information; public and privileged information; subpoena of evidence

  This chapter shall be administered by the Secretary of State of Mississippi.   Neither the administrator nor any employees of the administrator shall use any information which is filed with or obtained by the administrator which is not public information for personal gain or benefit, nor shall the administrator or any employees of the administrator conduct any commodity dealings whatsoever based upon any such information, even though public, if there has not been a sufficient period of time for the commodity markets to assimilate such information.     Except as provided in paragraph (b) of this subsection (3), all information collected, assembled or maintained by the administrator is public information and is available for the examination of the public as provided by the Mississippi Public Records Act of 1983.   The following are exceptions to paragraph (a) of this subsection (3) which are deemed to be confidential:   Information obtained in private investigations pursuant to Section 75-89-19;   Information made confidential by the provisions of the Mississippi Public Records Act of 1983, and any statutory exceptions thereto;   Information obtained from federal agencies which may not be disclosed under federal law.     The administrator in his discretion may disclose any information made confidential under paragraph (3)(b) of this section to persons identified in subsection (1) of Section 75-89-29.   No provision of this chapter either creates or derogates any privilege which exists at common law, by statute or otherwise when any documentary or other evidence is sought under subpoena directed to the administrator or any employee of the administrator.
MS Code § 75-89-29 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 89 - Mississippi Commodities Enforcement Act|§ 75-89-29. Cooperation with like agencies in other jurisdictions

  To encourage uniform application and interpretation of this chapter and commodities regulation and enforcement in general, the administrator and the employees of the administrator may cooperate, including bearing the expense of the cooperation, with the commodities agencies or administrator of another jurisdiction, Canadian province or territory or such 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 officials or agencies and any governmental law enforcement agency.   The cooperation authorized by subsection (1) shall include, but need not be limited to, the following:   Making joint examinations or investigations;   Holding joint administrative hearings;   Filing and prosecuting joint litigation;   Sharing and exchanging personnel;   Sharing and exchanging information and documents;   Formulating and adopting mutual regulations, statements of policy, guidelines, proposed statutory changes and releases; and   Issuing and enforcing subpoenas at the request of the commodity agency 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.
MS Code § 75-89-31 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 89 - Mississippi Commodities Enforcement Act|§ 75-89-31. Administrator may make, amend and rescind rules, forms and orders; publication of same; exemption from liability therefor

  In addition to specific authority granted elsewhere in this chapter, the administrator may make, amend and rescind rules, forms and orders as are necessary to carry out the provisions of this chapter. Such rules or forms shall include, but need not be limited to rules defining any terms, whether or not used in this chapter, insofar as the definitions are not inconsistent with the provisions of this chapter. For the purpose of rules or forms, the administrator may classify commodities and commodity contracts, persons and matters within the administrator's jurisdiction.   Unless specifically provided in this chapter, no rule, form or order may be adopted, amended or rescinded unless the administrator finds that the action is:   Necessary or appropriate in the public interest or for the protection of investors; and   Consistent with the purposes fairly intended by the policy and provisions of this chapter.     All rules and forms of the administrator shall be published.   No provision of this chapter imposing any liability applies to any act done or omitted in good faith in conformity with a rule, order or form adopted by the administrator, notwithstanding that the rule, order or form may later be amended, or rescinded or be determined by judicial or other authority to be invalid for any reason.
MS Code § 75-89-33 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 89 - Mississippi Commodities Enforcement Act|§ 75-89-33. Conduct violative of chapter or rule deemed appointment of administrator to accept 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 administrator, the engaging in the conduct shall constitute the appointment of the administrator as the person's attorney to receive service of any lawful process in a noncriminal proceeding against the person, a successor or personal representative, which grows out of that conduct and which is brought under this chapter or any rule or order of the administrator with the same force and validity as if served personally.
MS Code § 75-89-35 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 89 - Mississippi Commodities Enforcement Act|§ 75-89-35. Applicability 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

  Sections 75-89-5, 75-89-11, and 75-89-13 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.     Sections 75-89-5, 75-89-11, and 75-89-13 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 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:   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 purpose of this section, an offer to buy or to sell is accepted in this state when acceptance:   Is communicated to the offeror in this state; and   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 it 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.     An offer to sell or to buy is not made in this state when:   The publisher circulates or there is circulated on his behalf in this state any bona fide newspaper or other publication of general, regular and paid circulation which is not published in this state, or which is published in this state but has had more than two-thirds (2/3) of its circulation outside this state during the past twelve (12) months; or   A radio or television program originating outside this state is received in this state.
MS Code § 75-89-37 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 89 - Mississippi Commodities Enforcement Act|§ 75-89-37. Procedure for administrative proceedings; notice and hearing

  The administrator shall commence an administrative proceeding under this chapter by entering either a notice of intent to take administrative action or a summary order. The notice of intent or summary order may be entered without notice, without opportunity for hearing and need not be supported by findings of fact or conclusions of law, but must be in writing.   Upon entry of a notice of intent or summary order, the administrator shall promptly notify the party against whom the notice of intent or summary order is entered that the notice of intent or summary order has been entered and the reasons therefor. The administrator shall also inform the party against whom the notice or summary order is entered that a written request for a hearing on the matters set forth in the notice of intent or summary order must be filed with the administrator within thirty (30) calendar days from receipt of a certified copy of the notice of intent or summary order.   If the proceeding is pursuant to a summary order, the administrator, whether or not a written request for a hearing is received from any interested party, may set the matter down for hearing on the administrator's own motion.   If no hearing is requested within the requisite period of time and none is ordered by the administrator, the notice of intent or summary order will become final upon entry of an appropriate order.   If a hearing is requested or ordered, the administrator shall give notice to the party against whom the notice or summary order has been entered of the date, time and place of the hearing. The administrator shall promulgate rules governing the procedure for conducting the hearing and for entering the appropriate final order thereafter. However, no final order or other order after the hearing may be entered without:   Appropriate notice to the party or parties against whom the notice of intent or summary order has been entered;   Opportunity for hearing by the party or parties against whom the notice of intent or summary order has been entered; and   Entry of written findings of fact and conclusions of law.
MS Code § 75-89-39 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 89 - Mississippi Commodities Enforcement Act|§ 75-89-39. Judicial review of final orders

  Any person aggrieved by a final order of the administrator may obtain a review of the order in the Chancery Court of the First Judicial District of Hinds County, Mississippi, by filing in court within sixty (60) days after the entry of the order a written petition praying that the order be modified or set aside in whole or in part. A copy of the petition for review shall be served upon the administrator.   Upon the filing of a petition for review, except where the taking of additional evidence is ordered by court pursuant to subsection (5) or (6) of this section, the court shall have exclusive jurisdiction of the matter, and the administrator may not modify or set aside the order in whole or in part.   The filing of a petition for review under subsection (1) of this section does not, unless specifically ordered by the court, operate as a stay of the administrator's order, and the administrator may enforce or ask the court to enforce the order pending the outcome of the review proceedings.   Upon receipt of the petition for review, the administrator shall certify and file in the court a copy of the order and the transcript or record of the evidence upon which it was based. If the order became final under subsection (4) of Section 75-89-37, the administrator shall file in court an affidavit certifying that no hearing has been held and that the order became final pursuant to subsection (4) of Section 75-89-37.   If either the aggrieved party or the administrator applies to the court for leave to adduce additional evidence, and shows to the satisfaction of the court, that there were reasonable grounds for failure to adduce the evidence in the hearing before the administrator or other good cause, the court may order the additional evidence to be taken by the administrator under such conditions as the court considers proper.   If new evidence is ordered taken by the court, the administrator may modify the findings and order by reason of the additional evidence and shall file in the court the additional evidence together with any modified or new findings or order.   The court shall review the petition based upon the original record before the administrator plus any additional evidence ordered to be taken pursuant to subsections (5) and (6) of this section. The findings of the administrator as to the facts, if supported by competent, material and substantive evidence, are conclusive. Based upon this review, the court may affirm, modify, enforce or set aside the order in whole or in part.
MS Code § 75-89-41 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 89 - Mississippi Commodities Enforcement Act|§ 75-89-41. Burden of proof as to exemptions

 It shall not be necessary to negate any of the exemptions of this chapter in any complaint, information or indictment, or in any writ or proceeding brought under this chapter. The burden of proof of any such exemption shall be upon the party claiming the same.
MS Code § 75-89-43 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 89 - Mississippi Commodities Enforcement Act|§ 75-89-43. Failure to make timely delivery not a violation when caused by factors beyond control of seller, seller's agents, etc.

 It shall be a defense in any complaint, information, indictment, any writ or proceeding brought under this chapter alleging a violation of Section 75-89-5 based solely on the failure in an individual case to make physical delivery within the applicable time period under paragraph (e) of Section 75-89-3 or paragraph (1)(b) of Section 75-89-9 that:   Failure to make physical delivery was due solely to factors beyond the control of the seller, the seller's officers, directors, partners, agents, servants or employees, every person occupying a similar status or performing similar functions, every person who directly or indirectly controls or is controlled by the seller, or any of them, the seller's affiliates, subsidiaries or successors; and   Physical delivery was completed within a reasonable time under the applicable circumstances.
MS Code § 75-89-45 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 89 - Mississippi Commodities Enforcement Act|§ 75-89-45. Interpretative opinions; no-action determinations

 The administrator may honor requests from interested persons for interpretative opinions or may issue determinations that no enforcement proceedings will be instituted against certain specified persons for engaging in certain specified activities when the determination is consistent with the purposes fairly intended by the policy and provisions of this chapter. The administrator may charge a fee for interpretative opinions and for no-action determinations.
MS Code § 75-91-1 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 91 - Truth in Music Advertising|§ 75-91-1. Short title

 This chapter shall be known and may be cited as the "Truth in Music Advertising Act."
MS Code § 75-91-3 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 91 - Truth in Music Advertising|§ 75-91-3. Definitions

 The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:   "Performing group" means a vocal or instrumental group seeking to use the name of another group that has previously released a commercial sound recording under that name.   "Recording group" means a vocal or instrumental group at least one (1) of whose members has previously released a commercial sound recording under that group's name and in which the member or members have a legal right by virtue of use or operation under the group name without having abandoned the name or affiliation with the group.   "Sound recording" means a work that results from the fixation on a material object of a series of musical, spoken or other sounds regardless of the nature of the material object, such as a disk, tape or other phono-record, in which the sounds are embodied.
MS Code § 75-91-5 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 91 - Truth in Music Advertising|§ 75-91-5. Advertising or conducting live musical performance or production through use of false or misleading affiliation or connection between performing group and recording group prohibited; exceptions

 It shall be unlawful for any person to advertise or conduct a live musical performance or production in this state through the use of a false, deceptive or misleading affiliation, connection or association between a performing group and a recording group. This section does not apply if any of the following apply:   The performing group is the authorized registrant and owner of a federal service mark for that group registered in the United States Patent and Trademark Office.   At least one (1) member of the performing group was a member of the recording group and has a legal right by virtue of use or operation under the group name without having abandoned the name or affiliation with the group.   The live musical performance or production is identified in all advertising and promotion as a salute or tribute and the name of the vocal or instrumental group performing is not so closely related or similar to that used by the recording group that it would tend to confuse or mislead the public.   The advertising does not relate to a live musical performance or production taking place in this state.   The performance or production is expressly authorized by the recording group.
MS Code § 75-91-7 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 91 - Truth in Music Advertising|§ 75-91-7. Injunctive relief for violation of chapter

  Whenever the Attorney General or a district attorney has reason to believe that any person is advertising or conducting or is about to advertise or conduct a live musical performance or production in violation of Section 75-91-5 and that proceedings would be in the public interest, the Attorney General or district attorney may bring an action in the name of the state against the person to restrain by temporary or permanent injunction that practice.   Whenever any court issues a permanent injunction to restrain and prevent violations of this chapter as authorized in subsection (1) of this section, the court may, in its discretion, direct that the defendant restore to any person in interest any monies or property, real or personal, which may have been acquired by means of any violation of this chapter, under terms and conditions to be established by the court.
MS Code § 75-91-9 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 91 - Truth in Music Advertising|§ 75-91-9. Penalties

 Any person who violates Section 75-91-5 is liable for a civil penalty of not less than Five Thousand Dollars ($5,000.00) nor more than Fifteen Thousand Dollars ($15,000.00) per violation, which civil penalty shall be in addition to any other relief which may be granted under Section 75-91-7. Each performance or production declared unlawful by Section 75-91-5 shall constitute a separate violation.
MS Code § 75-93-1 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 93 - Fictitious Business Name Registration Act|§ 75-93-1. Short title

 This chapter may be cited as the "Fictitious Business Name Registration Act."
MS Code § 75-93-3 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 93 - Fictitious Business Name Registration Act|§ 75-93-3. Purpose

 The purpose of this chapter is to establish a centralized, statewide system of voluntary registration of fictitious business names being used in this state in order to provide the public with the legal names of persons or entities doing business under a fictitious name.
MS Code § 75-93-5 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 93 - Fictitious Business Name Registration Act|§ 75-93-5. Definitions

 As used in this chapter:   "Business" means any commercial or professional activity.   "Fictitious business name" means any name under which an entity transacts business in this state, other than (i) the entity's legal name, or (ii) a fictitious name adopted by a foreign entity under Title 79, Mississippi Code of 1972, because its legal name is unavailable.   "Entity" means any corporation; limited liability company; partnership; limited partnership; limited liability partnership; sole proprietorship; firm; enterprise; franchise; association; organization; holding company; self-employed individual; joint-stock company; receivership; trust; other legal entity or undertaking organized for economic gain; nonprofit corporation; association or organization receiving public funds; or other such entity.
MS Code § 75-93-7 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 93 - Fictitious Business Name Registration Act|§ 75-93-7. Registration

  An entity may apply to register a fictitious business name by filing with the Secretary of State the following information:   The fictitious business name to be registered;   The applicant's legal name and mailing address;   Every street address or physical location where the entity uses or will be using the fictitious business name to transact business;   If the applicant is a domestic corporation or limited liability company, its Mississippi business identification number;   If the applicant is a foreign corporation or limited liability company, the state or nation of its organization and a copy of its certificate of authority to transact business in Mississippi;   A statement that the applicant is familiar with the provisions of this chapter and understands that filing under this section does not create any exclusive rights in or to the fictitious business name; and   Any other information the Secretary of State may reasonably require by rule, including, without limitation, the applicant's electronic mailing address, the address of the entity's official Web site, if applicable, and the general nature of the business conducted by the applicant.     The applicant shall sign and verify the application.   Upon compliance by the applicant with the requirements of this section, the Secretary of State shall return to the applicant a stamped copy of the approved registration application.   The Secretary of State shall not refuse registration of a fictitious business name on the grounds that the name is indistinguishable from a previously registered fictitious business name, registered trademark, or legal name of an entity required by law to register with the Secretary of State.   Only one (1) fictitious business name may be registered per application submitted under the provisions of this section.