reglab/statecodes huggingface dataset:
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 56. Alaska Securities Act › Article 4. Administration and Judicial Review. › Sec. 45.56.660. Applicability of the chapter.

(a) Unless the persons are exempt elsewhere in this chapter, this chapter applies to persons who buy or offer to buy when an offer to
(1) buy is made in this state; or
(2) sell is made and accepted in this state.
(b) Unless the person is exempt elsewhere in this chapter, this chapter applies to a person who sells or offers to sell when an offer to
(1) sell is made in this state; or
(2) buy is made and accepted in this state.
(c) 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
(1) originates from this state;
(2) is directed by the offeror to this state and received at the place to which it is directed or at a post office in this state in the case of a mailed offer;
(3) is for an interest or participation in an oil, gas, or mining right, title, or lease on land in this state, including submerged land, regardless of where the offer is made;
(4) is for an interest or participation in payments out of production under an oil, gas, or mining right, title, or lease on land in this state, including submerged land, regardless of where the offer is made;
(5) is for an interest or participation in real property located in this state, or in a corporation, a partnership, a limited liability company, a limited partnership, a limited liability partnership, an association, or a joint-stock company; jurisdiction under this paragraph may be exercised only when the exercise is consistent with the constitution of this state or of the United States.
(d) 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. Acceptance is communicated to the offeror in this state, whether or not either party is then present in this state, when the offeree directs the acceptance to the offeror in this state reasonably believing the offeror to be in this state and the acceptance is received at the place to which it is directed or, in the case of a mailed acceptance, at a post office in this state.
(e) This chapter applies to investment advisers, federal covered advisers, and investment adviser representatives when any act instrumental in effecting prohibited conduct is done in this state, regardless of whether either party is then present in this state.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 56. Alaska Securities Act › Article 4. Administration and Judicial Review. › Sec. 45.56.670. Regulations, forms, orders, interpretative opinions, and hearings.

(a) The administrator may
(1) issue forms and orders; after notice and comment, adopt and amend regulations necessary or appropriate to carry out this chapter; and repeal regulations, including regulations and forms governing registration statements, applications, notice filings, reports, and other records;
(2) by regulation, define terms, whether or not used in this chapter, but those definitions may not be inconsistent with this chapter; and
(3) by regulation, classify securities, persons, and transactions and adopt different requirements for different classes.
(b) Under this chapter, a regulation or form may not be adopted or amended, or an order issued or amended, unless the administrator finds that the regulation, form, order, or amendment is necessary or appropriate in the public interest or for the protection of investors and is consistent with the purposes intended by this chapter. In adopting, amending, and repealing regulations and forms, AS 45.56.630 applies to achieve uniformity among the states and coordination with federal laws in the form and content of registration statements, applications, reports, and other records, including the adoption of uniform rules, forms, and procedures.
(c) Subject to 15 U.S.C. 78o(i) and 80b-18a, the administrator may require that a financial statement filed under this chapter be prepared in accordance with generally accepted accounting principles in the United States and comply with other requirements specified by regulation adopted or order issued under this chapter. A regulation adopted or order issued under this chapter may establish
(1) subject to 15 U.S.C. 78o(i) and 80b-18a, the form and content of financial statements required under this chapter;
(2) whether unconsolidated financial statements must be filed; and
(3) whether required financial statements must be audited by an independent certified public accountant.
(d) The administrator may provide interpretative opinions or issue determinations that the administrator will not institute a proceeding or an action under this chapter against a specified person for engaging in a specified act, practice, or course of business if the determination is consistent with this chapter. A regulation adopted or order issued under this chapter may establish a reasonable charge for interpretative opinions or determinations that the administrator will not institute an action or a proceeding under this chapter.
(e) A hearing in an administrative proceeding under this chapter shall be conducted in public unless the administrative law judge or the administrator for good cause consistent with this chapter determines that the hearing may not be conducted in public.
(f) AS 44.62 (Administrative Procedure Act) applies to all regulations adopted or authorized under this chapter.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 56. Alaska Securities Act › Article 4. Administration and Judicial Review. › Sec. 45.56.730. Criminal enforcement.

(a) A person who intentionally violates this chapter, except AS 45.56.550 or the notice filing requirements of AS 45.56.200 or 45.56.360, is guilty of a class C felony punishable by imprisonment under AS 12.55.125 or by a fine of not more than $100,000, or by both.
(b) A person who intentionally alters, destroys, shreds, mutilates, or conceals a record, document, or other object, or attempts to do so, with the intent to alter or impair the record, document, or object for use in an official proceeding under this chapter, is guilty of a class C felony. A person convicted of violating this subsection is punishable by imprisonment as provided in AS 12.55.125, by a fine of not more than $500,000, or by both.
(c) The attorney general, with or without a reference from the administrator, may institute criminal proceedings under this chapter.
(d) This chapter does not limit the power of this state to punish a person for conduct that constitutes a crime under other laws of this state.
(e) In this section, “intentionally” has the meaning given in AS 11.81.900(a).
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 56. Alaska Securities Act › Article 4. Administration and Judicial Review. › Sec. 45.56.740. Judicial review.

(a) A person may obtain judicial review by the superior court of a final order issued by the administrator under this chapter by filing a notice of appeal in accordance with the applicable rules of court governing appeals in civil matters. The notice of appeal shall be filed within 30 days after the order becomes final under AS 44.64.060.
(b) A regulation adopted under this chapter is subject to judicial review under AS 44.62.300.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 56. Alaska Securities Act › Article 4. Administration and Judicial Review. › Sec. 45.56.800. Reimbursement of expenses incident to examination or investigation.

(a) The administrator may require an issuer, broker-dealer, agent, investment adviser representative, federal covered adviser, or investment adviser to reimburse the administrator for actual travel expenses and per diem incurred in connection with an examination or investigation under this chapter.
(b) The administrator may by regulation or order adopt a schedule of charges for examination and investigation of issuers, broker-dealers, agents, investment adviser representatives, federal covered advisers, and investment advisers.
(c) If an issuer, broker-dealer, agent, investment adviser representative, federal covered adviser, or investment adviser fails to pay the fees and expenses provided for in this section, the fees and expenses shall be paid out of funds of the administrator in the same manner as other disbursements made by the administrator. The amounts paid from the funds of the administrator are a lien on all of the assets and property of the issuer, broker-dealer, agent, investment adviser representative, federal covered adviser, or investment adviser, and the amount may be recovered by the attorney general on behalf of this state.
(d) Failure of the issuer, broker-dealer, agent, investment adviser representative, federal covered adviser, or investment adviser to pay fees and expenses under this section is a willful violation of this chapter, and the violation falls within the provisions of AS 45.56.220, 45.56.350, and 45.56.620.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 56. Alaska Securities Act › Article 4. Administration and Judicial Review. › Sec. 45.56.810. Electronic records and signatures.

This chapter modifies, limits, and supersedes 15 U.S.C. 7001 - 7031 (Electronic Signatures in Global and National Commerce Act), but does not modify, limit, or supersede 15 U.S.C. 7001(c) or authorize electronic delivery of any of the notices described in 15 U.S.C. 7003(b). This chapter authorizes the filing of records and signatures, when specified by provisions of this chapter or by a regulation adopted or order issued under this chapter, in a manner consistent with 15 U.S.C. 7004(a).
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 56. Alaska Securities Act › Article 4. Administration and Judicial Review. › Sec. 45.56.820. References to federal statutes.

In this chapter, a reference to the following federal statutes, including a statute within a spanned reference, means those statutes and the rules and regulations adopted under those statutes, as in effect on the date of enactment of this chapter:
(1) 7 U.S.C. 1 - 27 (Commodity Exchange Act);
(2) 15 U.S.C. 77a - 77aa (Securities Act of 1933);
(3) 15 U.S.C. 77b, 77k, 77m, 77p, 77r, 77v, 77z-1 - 77z-3, 77aa, 77ccc, 77ddd, 77mmm, 77sss, 78a, 78c, 78d, 78g, 78n, 78o, 78o-4, 78o-5, 78s, 78t, 78u, 78u-4, 78z, 78bb, 78ee, 78kk, 78ll, 80a-2, 80a-3, 80a-12, 80a-18, 80a-29, 80a-30, 80b-3, and 80b-18a (Securities Litigation Uniform Standards Act of 1998);
(4) 15 U.S.C. 78a - 78pp (Securities Exchange Act of 1934);
(5) 15 U.S.C. 80a-1 - 80a-64 (Investment Company Act of 1940);
(6) 15 U.S.C. 80b-1 - 80b-21 (Investment Advisers Act of 1940);
(7) 15 U.S.C. 661 - 697g (Small Business Investment Act of 1958);
(8) 15 U.S.C. 7001 - 7031 (Electronic Signatures in Global and National Commerce Act);
(9) 26 U.S.C. (Internal Revenue Code);
(10) 29 U.S.C. 1001 - 1461 (Employee Retirement Income Security Act of 1974);
(11) 42 U.S.C. 16451 - 16481 (Energy Policy Act of 2005).
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 57. Takeover Bid Disclosure Act › Sec. 45.57.010. Provisions of takeover bids.

The following provisions apply to every takeover bid:
(1) the period of time within which securities may be tendered by an offeree under a takeover bid shall not be less than 21 days nor more than 35 days from the date copies of the takeover bid are first published or sent or given to offerees;
(2) securities deposited under a takeover bid may be withdrawn by an offeree or the attorney-in-fact of the offeree by demand in writing on the offeror or the depository at any time within 21 days from the date copies of the takeover bid are first published or sent or given to offerees;
(3) when a takeover bid is made for less than all the shares or other units of a class and when a greater number of shares or other units is deposited under it than the offeror is bound or willing to take up and pay for, the shares or other units taken up by the offeror shall be taken up as nearly as may be pro rata, disregarding fractions, according to the number of shares or other units deposited;
(4) when an offeror varies the terms of a takeover bid before the expiration of it by increasing the consideration offered, the offeror shall pay the increased consideration to each offeree whose securities are taken up even if they have been taken up and paid for before the variation of the takeover bid;
(5) when a takeover bid is sent by mail to offerees, it shall be accompanied by a copy of the statement filed with the department under AS 45.57.020.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 57. Takeover Bid Disclosure Act › Sec. 45.57.030. Recommendations to accept or reject.

A written solicitation or recommendation to offerees, other than by the offeror, to accept or reject a takeover bid shall be filed with the department not later than the time copies of the solicitation or recommendation are first published or sent or given to offerees.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 57. Takeover Bid Disclosure Act › Sec. 45.57.040. Deceptive practices.

It is unlawful for a person to make or omit or cause to be made or omitted, in a document filed or in a proceeding under this chapter, a statement which is, at the time and in the light of the circumstances under which it is made, false or misleading in a material respect. It is unlawful for a person to engage in a fraudulent, deceptive, or manipulative act or practice, in connection with a takeover bid, or a solicitation of offerees in opposition to or in favor of a takeover bid.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 57. Takeover Bid Disclosure Act › Sec. 45.57.050. Investigations and subpoenas.

(a) The department in its discretion may
(1) make public or private investigations inside or outside this state as it considers necessary to determine whether a person has violated or is about to violate a provision of this chapter or an order under this chapter;
(2) require or permit a person to file a statement in writing, under oath or otherwise as the department determines, as to all the facts and circumstances concerning the matter to be investigated; and
(3) publish information concerning a violation of this chapter or an order under this chapter.
(b) For the purpose of an investigation or proceeding under this chapter, the department or an officer designated by it 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 department considers relevant or material to the inquiry.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 57. Takeover Bid Disclosure Act › Sec. 45.57.060. Injunctions.

When it appears to the department that a person has engaged or is about to engage in an act or practice in violation of a provision of this chapter or an order under this chapter, it may bring an action in the superior court to enjoin the acts or practices and to enforce compliance with this chapter or order under this chapter. The court may not require the department to post a bond.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 57. Takeover Bid Disclosure Act › Sec. 45.57.070. Criminal penalties.

A person who wilfully violates a provision of this chapter, upon conviction, is punishable by a fine of not more than $5,000, or by imprisonment for not more than three years, or by both. However, a person may not be imprisoned for the violation of an order if the person proves that the person had no knowledge of the order. An indictment or information may not be returned under this chapter more than five years after the alleged violation.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 57. Takeover Bid Disclosure Act › Sec. 45.57.080. Civil liabilities.

(a) An offeror who (1) makes a takeover bid which does not comply with the provisions of this chapter or (2) makes a takeover bid by means of a statement which is, at the time and in the light of the circumstances under which it is made, false or misleading in a material respect, and who does not sustain the burden of proof that the offeror did not know, and in the exercise of reasonable care could not have known, of the untruth or omission, is liable to any offeree whose shares are taken up under the takeover bid. An offeree may bring civil action (1) to recover the shares, together with all dividends received, costs and reasonable attorney fees, upon the tender of the consideration received from the offeror, or (2) for the substantial equivalent in damages if the offeror no longer owns the shares.
(b) Every person who materially participates or aids in a takeover bid made by an offeror liable under (a) of this section, or who directly or indirectly controls an offeror who is liable, is also liable jointly and severally with and to the same extent as the offeror unless the person who so participates, aids, or controls, sustains the burden of proof that the person did not know, and in the exercise of reasonable care could not have known, of the existence of the facts by reason of which the liability is alleged to exist. There shall be contribution as in cases of contract among the several persons liable.
(c) A tender specified in this section may be made at any time before entry of judgment.
(d) A person may not bring action under this section unless brought within two years after the transaction upon which it is based. If a person liable under this section makes a written offer, before suit is brought, to return the shares taken up under the takeover bid, together with all dividends received, upon the tender of the consideration received from the offeror, or to pay damages if the offeror no longer owns the shares, a person may not maintain a suit under this section unless the person rejected the offer in writing within 30 days of its receipt.
(e) Any condition, stipulation, or provision binding an offeree to waive compliance with a provision of this chapter or a regulation adopted under it is void.
(f) The rights and remedies provided by this chapter shall be in addition to any and all other rights and remedies that may exist at law or in equity.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 57. Takeover Bid Disclosure Act › Sec. 45.57.090. Consent to service of process.

A nonresident offeror, except a foreign corporation which has complied with AS 10.06.705 - 10.06.788, who makes a takeover bid affecting an offeree company is considered to have appointed the commissioner of commerce, community, and economic development as the offeror's agent upon whom may be served, in any matter arising under this chapter, any process, notice, order, or demand except one issued by the department. Service may be made on the commissioner or any of the commissioner's staff at the commissioner's office. The commissioner shall send it by registered or certified mail addressed to the offeror at the latest address on file and keep a record of it. A process, notice, order, or demand issued by the department shall be served by being mailed by the commissioner or any of the commissioner's staff by registered or certified mail addressed to the offeror at the latest address on file.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 63. Telephonic Solicitations › Sec. 45.63.010. Registration.

(a) A person may not sell or attempt to sell property or services by telephonic means if the person makes substantially the same offer on substantially the same terms to two or more persons, unless the telephone seller is registered with the Department of Law at least 30 days before the solicitation campaign.
(b) To register under (a) of this section, a person shall file with the department
(1) a notice of intent to engage in a solicitation campaign; a separate notice of intent shall be filed for each solicitation campaign;
(2) an irrevocable consent appointing the department the person's agent for the receipt of service of process in a court action or other proceeding against the person, or the successor in interest of the person, for a violation of this chapter; and
(3) a signed statement that the person has read and will comply with this chapter and the regulations adopted under this chapter.
(c) Registration under (b) of this section is not complete until the telephone seller receives an acknowledgement from the department that the seller has complied with (b) of this section.
(d) The notice of intent must be on a form or in a format provided and established by the department by regulation. The department may require the notice of intent to be submitted under oath or affirmation or with notice that false statements made are punishable as unsworn falsification in the second degree under AS 11.56.210. The notice of intent must include detailed information about the nature of the solicitation campaign and the identity and business practices of the telephone seller, including information on the employees, agents, and officers affiliated with the telephone seller. The notice of intent must disclose criminal convictions, civil judgments, orders, consent decrees, or administrative determinations involving allegations of unfair or deceptive business practices by the telephone seller.
(e) A person may not provide false information in a notice of intent.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 63. Telephonic Solicitations › Sec. 45.63.020. Written contract required.

Until a telephone seller receives from a buyer a signed, written contract for the purchase, the telephone seller may not solicit payment for the purchase, charge a credit card account for the purchase, negotiate a check or other commercial instrument intended for payment of the purchase, or accept a cash payment for the purchase. The written contract must notify the buyer of the rights of the buyer under AS 45.63.030(a) and disclose the information required by the department by regulation.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 63. Telephonic Solicitations › Sec. 45.63.030. Cancellation or replacement.

(a) Notwithstanding AS 45.01 - AS 45.08, AS 45.12, AS 45.14, and AS 45.29 (Uniform Commercial Code), a telephone seller shall give the buyer a refund, credit, or replacement, at the option of the buyer, if
(1) the property or services purchased are defective, not as represented, or not received as promised by the seller;
(2) within seven days after receiving the purchased property, the buyer returns the purchased property and makes a written request for the refund, credit, or replacement; or
(3) within seven days after paying for the purchased services and before the services are provided, the buyer makes a written request for the refund or credit.
(b) A return or request is timely under (a) of this section if the return or request is made in person within the seven days or if the return or request is mailed, properly addressed and postmarked, postage prepaid, within the seven days.
(c) Notwithstanding AS 45.01 - AS 45.08, AS 45.12, AS 45.14, and AS 45.29 (Uniform Commercial Code), a purchase of property from a telephone seller becomes final seven days after receipt of the property, unless the buyer requests a refund, credit, or replacement under (a) of this section, or the telephone seller fails to obtain the contract required by AS 45.63.020.
(d) A purchase of services from a telephone seller becomes final seven days after receipt of the contract required by AS 45.63.020, unless the buyer requests a refund or credit under (a) of this section.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 63. Telephonic Solicitations › Sec. 45.63.040. Prohibited representations.

(a) Unless the telephone seller is asked for the information by the buyer, the seller may not state or imply that the seller has a license, consent, or other form of permission from the state.
(b) A telephone seller may not state or imply that
(1) the seller is complying with state law; or
(2) the seller's compliance with the laws of this state or a municipality constitutes approval or endorsement by the state or municipality.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 63. Telephonic Solicitations › Sec. 45.63.045. Required representations; prohibitions.

(a) A telephone seller shall
(1) within the first 15 seconds of a call and in a clear and conspicuous manner, disclose the registered seller's name and telephone number, whom the registered seller represents, and that the call is a sales call; and
(2) repeat the information at any time during the conversation if requested by a person at the number called.
(b) A telephone seller must terminate the telephone solicitation and promptly disconnect the telephone line if the person receiving the call objects to the solicitation or indicates that the person is not interested in the product or service that is the subject of the solicitation.
(c) A telephone seller who makes a telephonic solicitation may not cause a telephone to ring repeatedly or continuously with the intent to annoy, abuse, or harass a person at the telephone number called or repeatedly engage a person in a telephone conversation.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 63. Telephonic Solicitations › Sec. 45.63.060. Criminal penalties.

(a) A person who sells or attempts to sell property or services by telephonic means by making substantially the same offer on substantially the same terms to two or more persons without complying with the registration requirements of AS 45.63.010, or who solicits, or receives, payment for a purchase before receiving the written contract required by AS 45.63.020 is guilty of a class C felony.
(b) A person who violates AS 45.63.030 - 45.63.050 is guilty of a class A misdemeanor.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 63. Telephonic Solicitations › Sec. 45.63.100. Definitions.

In this chapter,
(1) “buyer” means a person who buys from or is solicited by a seller by telephonic means;
(2) “department” means the Department of Law;
(3) “notice of intent” means the notice of intent required by AS 45.63.010 to engage in a solicitation campaign;
(4) “solicitation campaign” means a sale or attempt to sell property or services by telephonic means by making substantially the same offer on substantially the same terms to two or more persons;
(5) “telephone seller” means a person who is required to be registered under AS 45.63.010;
(6) “telephonic means” means a telephone or another method using telephone lines, and includes a facsimile machine and electronic communication between electronic computing devices; “telephonic means” includes a letter, postcard, notice, or other written communication advising, requesting, motivating, or otherwise encouraging a person to contact a seller by telephonic means.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 65. Handicrafts and Works of Art › Article 1. Handicrafts. › Sec. 45.65.010. Identification seals and emblems.

(a) An Alaska Native person who creates or crafts an original article of authentic Alaska Native art in the state may obtain an identification seal as specified in AS 45.65.030(a) to identify the article. The identification seal may be affixed only to original articles of authentic Alaska Native art created or crafted in the state.
(b) A person may use an emblem described under AS 45.65.030(c) to identify an article that is made in the state. The emblem may not be used to identify an article made outside the state.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 65. Handicrafts and Works of Art › Article 1. Handicrafts. › Sec. 45.65.020. Administration of chapter.

(a) The commissioner of commerce, community, and economic development is responsible for the administration of the provisions of AS 45.65.010 - 45.65.070 relating to the emblem that is authorized under AS 45.65.010(b), including
(1) the supervision of the use of the emblem;
(2) subject to AS 45.65.030(c), the design, issuance, and control of emblems;
(3) the issuance of permits to agents to issue permits to use the emblems; and
(4) the enforcement of AS 45.65.010 - 45.65.070 regarding the emblem authorized under AS 45.65.010(b).
(b) The Alaska State Council on the Arts (AS 44.27.040) is responsible for the administration of the provisions of AS 45.65.010 - 45.65.070 relating to identification seals for authentic Alaska Native art, including
(1) subject to AS 45.65.030(a), the design, method of affixing, preparation, issuance, and control of identification seals;
(2) the issuance of permits to use identification seals and the collection of the fees established under AS 45.65.040(c);
(3) the supervision of the use of identification seals; and
(4) the enforcement of AS 45.65.010 - 45.65.070 regarding identification seals.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 65. Handicrafts and Works of Art › Article 1. Handicrafts. › Sec. 45.65.030. Design of identification seals and emblems.

(a) The official symbol for the identification seal is the silver hand symbol. It must bear the words: “Authentic Alaska Native Art from Alaska” and include space for the artist's name and the place of origin of the article.
(b) [Repealed, § 5 ch 104 SLA 1992.]
(c) The official emblem for an article that is made in the state is a design approved by the commissioner under AS 45.65.020(a)(2) that depicts a mother bear with a cub and states the words “Made in Alaska.”
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 65. Handicrafts and Works of Art › Article 1. Handicrafts. › Sec. 45.65.040. Identification seal.

(a) The identification seal may only be used after receiving a permit from the council.
(b) [Repealed, § 14 ch 16 SLA 2008.]
(c) The council shall establish forms and fees for the applications and permits to be used or issued under this section, the period for which the permits are valid, and the procedures for renewing the permits.
(d) Before issuing a permit to a person under (a) of this section, the council shall determine that the person is eligible under AS 45.65.010(a) to obtain the identification seal and that the article for which the person is applying for the permit is eligible under AS 45.65.010(a) for the identification seal.
(e) A person may report alleged violations of AS 45.65.010 - 45.65.070 regarding identification seals to the council.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 65. Handicrafts and Works of Art › Article 1. Handicrafts. › Sec. 45.65.045. Emblem and emblem agent permits.

(a) The emblem authorized under AS 45.65.010(b) may not be used without receiving a permit from the commissioner or from an agent who possesses a current permit under (b) of this section.
(b) A resident of the state may apply to the commissioner for a permit to act as an agent to issue permits to use the emblem. An agent may report alleged violations of AS 45.65.010 - 45.65.070 regarding emblems to the commissioner.
(c) The commissioner shall establish forms and fees for the applications and permits to be used or issued under this section, the period for which the permits are valid, and the procedures for renewing the permits.
(d) Before issuing a permit for an article under this section, the commissioner or the agent shall determine that the article is eligible for the emblem.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 65. Handicrafts and Works of Art › Article 1. Handicrafts. › Sec. 45.65.055. Prohibited conduct.

An individual may not
(1) affix or attach the identification seal to an article that is not an original article of authentic Alaska Native art created or crafted in the state;
(2) sell or offer for sale an article that has an identification seal affixed or attached but that is not an original article of authentic Alaska Native art created or crafted in the state; or
(3) alter, change, or counterfeit an identification seal.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 65. Handicrafts and Works of Art › Article 1. Handicrafts. › Sec. 45.65.060. Penalties.

(a) A person who knowingly violates AS 45.65.055 is guilty of a class B misdemeanor. In this subsection, “knowingly” has the meaning given in AS 11.81.900.
(b) [Repealed, § 14 ch 16 SLA 2008.]
(c) A person who knowingly or wilfully alters, changes, or counterfeits an emblem is guilty of a class B misdemeanor.
(d) A person who knowingly or wilfully sells or offers for sale an article that is not made in the state but that bears the emblem is guilty of a class B misdemeanor.
(e) A person who knowingly or wilfully uses the emblem for an article that is not made in the state is guilty of a class B misdemeanor.
(f) [Repealed, § 14 ch 16 SLA 2008.]
(g) A person who has been issued a permit under AS 45.65.045 to issue permits to use the emblem, is guilty of a class B misdemeanor if the person knowingly or wilfully issues a permit for an article that is not made in the state.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 65. Handicrafts and Works of Art › Article 1. Handicrafts. › Sec. 45.65.070. Definitions.

In AS 45.65.010 - 45.65.070, unless the context otherwise requires,
(1) “Alaska Native person” means an individual who is a state resident and who is an enrolled member of an Alaska tribe; in this paragraph, “state resident” means an individual who is physically present in the state with the intent to remain indefinitely in the state under the requirements of AS 01.10.055, or, if the individual is not physically present in the state, intends to return to the state and remain indefinitely in the state under the requirements of AS 01.10.055;
(2) “Alaska tribe” means an organized group or community in Alaska that is an Indian tribe; in this paragraph, “Indian tribe” has the meaning given in 25 U.S.C. 450b(e) (Indian Self-Determination and Education Assistance Act);
(3) “authentic Alaska Native art ” means a work of art that is created or crafted in the state by an Alaska Native person;
(4) “commissioner” means the commissioner of commerce, community, and economic development;
(5) “council” means the Alaska State Council on the Arts (AS 44.27.040);
(6) “emblem” means the emblem that is authorized under AS 45.65.010(b);
(7) “identification seal” means the seal authorized by AS 45.65.010(a);
(8) “original” means new, unique, not a reproduction, and created or crafted by one person without the use of mechanized duplication instruments, electronic duplication instruments, or other devices or systems for copying large numbers of articles, except that “original” includes etched prints, lithographic prints, serigraphic prints, and prints from photographs, if the prints are made by hand by the person who created or crafted the etched plate, etched drawing, etched design, lithographic plate, lithographic stone, silkscreen, or photograph from which the prints were made;
(9) “work of art” means a creation or crafting of
(A) a visual article, including a painting, a sculpture, a drawing, a mosaic, a photograph, an etching, a lithograph, and a serigraph;
(B) calligraphy;
(C) clay, textile, fiber, wood, metal, plastic, or glass, or a combination of these materials;
(D) traditional Alaska Native materials, including ivory, bone, grass, baleen, animal skins, wood, or furs; or
(E) a collage or combination of two or more of the categories identified in (A) - (D) of this paragraph.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 65. Handicrafts and Works of Art › Article 2. Artists and Works of Art. › Sec. 45.65.200. Artists and art dealer relationships.

(a) When an artist delivers or causes to be delivered a work of art of the artist's own creation to an art dealer for the purpose of sale, or exhibition and sale, on a commission, fee, or other basis of compensation, the acceptance of the work of art by the art dealer is a consignment, and
(1) the art dealer is, with respect to the work of art, the agent of the artist;
(2) the work of art is trust property in the hands of the art dealer for the benefit of the artist;
(3) proceeds from the sale of the work of art are trust funds in the hands of the art dealer for the benefit of the artist;
(4) the art dealer shall return an unsold work of art on demand of the artist;
(5) the art dealer is strictly liable for loss or damage to a work of art while the work of art is in the possession of the art dealer; the value of a lost or damaged work of art is the value established by written agreement between the artist and art dealer before the loss or damage of the work of art; if no written agreement establishing the value of the work of art exists, the value is the fair market value of the work of art less the art dealer's commission or fee; and
(6) the dealer shall transmit the proceeds to the artist within 30 days of receipt by the dealer; if the sale is on installment, the money from each installment shall first be applied to pay any balance due the artist on the sale, unless the artist expressly agrees in writing that the proceeds on each installment are to be paid according to a percentage established by the consignment agreement.
(b) A work of art initially received as a consignment remains trust property notwithstanding the subsequent purchase of the artwork by the art dealer directly or indirectly for the art dealer's own account until the consignment price due to the artist is paid in full. The trusteeship continues until the fiduciary obligation of the art dealer with respect to the transaction is discharged in full.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 65. Handicrafts and Works of Art › Article 2. Artists and Works of Art. › Sec. 45.65.210. Waiver.

(a) A provision of a contract or agreement whereby the artist waives a provision of AS 45.65.200 is void except as provided in this subsection. An artist may waive the provisions of AS 45.65.200 if the waiver is clear, conspicuous, and agreed to in writing by the artist. A waiver under this subsection is not valid with respect to the proceeds of a work of art initially received as a consignment but subsequently purchased by the art dealer directly or indirectly for the art dealer's own account.
(b) A waiver under (a) of this section may not inure to the benefit of the art dealer's creditors in a manner that is inconsistent with the artist's rights under AS 45.65.200.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 65. Handicrafts and Works of Art › Article 2. Artists and Works of Art. › Sec. 45.65.250. Definitions.

In AS 45.65.200 - 45.65.250, unless the context otherwise requires,
(1) “art dealer” means a person engaged in the business of selling works of art, other than a person exclusively engaged in the business of selling goods at public auction;
(2) “artist” means the creator of a work of art or, if deceased, the heirs or personal representatives of the creator;
(3) “consignment” means that no title to or estate in the goods or right to possession superior to that of the consignor vests in the consignee, notwithstanding the consignee's power or authority to transfer and convey, to third person, all of the right, title, and interest of the consignor, in and to the goods;
(4) “creditor” has the meaning given in AS 45.01.211;
(5) “work of art” means an original or multiple original art work including:
(A) visual art such as a painting, sculpture, drawing, mosaic, or photograph;
(B) calligraphy;
(C) graphic art such as an etching, lithograph, offset print, or silk screen;
(D) craft work in clay, textile, fiber, wood, metal, plastic, or glass materials;
(E) mixed media such as a collage or any combination of art media in this paragraph;
(F) art employing traditional native materials such as ivory, bone, grass, baleen, animal skins, wood, and furs.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 66. Sale of Business Opportunities › Sec. 45.66.020. Registration procedure.

(a) To register under AS 45.66.010, a person shall file with the department
(1) the disclosure statement required by AS 45.66.080 and any advertising, pamphlets, brochures, or other materials to be used in the offering or promoting of the business opportunity;
(2) the bond required by AS 45.66.060;
(3) an irrevocable consent appointing the department as the person's agent for the receipt of service of process in a court action or other proceeding against the person, or the successor in interest of the person, for a violation of this chapter;
(4) a completed application form that satisfies (b) of this section;
(5) a signed statement that the person has read and will comply with this chapter and the regulations adopted under it;
(6) the fee required by AS 45.66.040; and
(7) other information requested by the department to evaluate whether the person meets the requirements of this chapter.
(b) The department shall establish by regulation the application forms for registrations under this chapter. The application forms must require the submission of the following information:
(1) the nature of the business opportunity and the method by which it will be offered, advertised, or promoted;
(2) the identity and business practices of the person who will be the seller, including information on a related person; and
(3) a disclosure of criminal convictions, civil judgments, orders, consent decrees, and administrative determinations involving allegations of
(A) fraud, theft, embezzlement, fraudulent conversion, misappropriation of property, the use of untrue or misleading representations in an attempt to sell or dispose of real or personal property, violations of this chapter, violations of AS 45.63 (solicitations by telephonic means), violations of AS 45.68 (charitable solicitations), or unfair or deceptive business practices under AS 45.50.471 - 45.50.561, or a substantially similar law of another jurisdiction, by the person who will be the seller or by a related person; or
(B) a violation of securities or investment laws by the person who will be the seller or by a related person.
(c) Registration under AS 45.66.010 or renewal under AS 45.66.030 is not complete until the person or seller receives an acknowledgment from the department that the person or seller has complied with (a) of this section or AS 45.66.030, as applicable.
(d) In this section, “related person” means an owner, employee, agent, or officer of the business opportunity being sold, or a person affiliated with the person who will be the seller of the business opportunity.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 66. Sale of Business Opportunities › Sec. 45.66.030. Renewal of registration.

If a seller continues to sell or offer to sell a business opportunity for more than one year from the date of the department's acknowledgment of the initial registration under this chapter, the seller shall renew the registration each year that the sale or offer to sell continues by filing, before or on the anniversary date of the department's acknowledgment under AS 45.66.020(c), a renewal application, on a form established by the department by regulation, requiring information that is similar to the information required under AS 45.66.020.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 66. Sale of Business Opportunities › Sec. 45.66.040. Registration and renewal fees.

(a) As part of the registration procedure set out in AS 45.66.020(a), a person shall pay a nonrefundable registration fee to the department. With a renewal application, the seller shall pay a nonrefundable renewal fee. The department shall establish the amount of the registration fee and the renewal fee by regulation.
(b) Under AS 37.05.146(c), registration and renewal fees collected under this chapter shall be accounted for separately, and appropriations from the account are not made from the unrestricted general fund.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 66. Sale of Business Opportunities › Sec. 45.66.050. Material changes in registration information.

If there is a material change in the information provided under AS 45.66.020 or 45.66.030, the seller shall, within 10 days after the change, file with the department a statement describing the change on a form established by the department by regulation.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 66. Sale of Business Opportunities › Sec. 45.66.060. Surety bond required.

(a) A person registering as a seller shall obtain a surety bond in the amount of $75,000 issued by a surety company authorized to do business in the state. The bond must be in favor of the state for the benefit of a buyer and must satisfy the conditions established by the department by regulation.
(b) If the department finds that the amount of the bond set by (a) of this section is insufficient to protect the public interest, the department may by regulation increase the amount of the bond.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 66. Sale of Business Opportunities › Sec. 45.66.070. Location of offer and sale.

This chapter applies to a sale of, or an offer to sell, a business opportunity if
(1) the offer, regardless of whether either party is then present in this state, originates in this state, or is directed by the offeror to this state and received at the place to which the offer is directed, including a post office box; this paragraph does not include an offer that
(A) appears in a bona fide newspaper or other publication of general circulation that is not published in this state or that is published in this state but more than two-thirds of its circulation was outside this state during the 12 months preceding the offer; or
(B) is made on a radio or television program that originates outside this state and is received in this state;
(2) the acceptance
(A) has not been previously communicated, orally or in writing, to the offeror outside this state;
(B) is communicated to the offeror in this state, regardless of whether the seller or buyer is then present in this state, and the offeree reasonably believes that the offeror is located in this state; and
(C) is received at the place to which it was directed, including a post office box; or
(3) the buyer is domiciled in this state and the business opportunity is or will be operated in this state.