reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 21 - Securities and Investments › Chapter 21.20 - Securities Act of Washington. › 21.20.915 - Saving—Prior effective registrations.

RCW 21.20.915
Saving—Prior effective registrations.
All effective registrations under prior law and all conditions imposed upon such registrations remain in effect so long as they would have remained in effect if they had become effective under this chapter. They are considered to have been filed, entered, or imposed under this chapter. All dealers who are duly registered as brokers and all salespersons and issuers' agents who are duly registered as agents under said securities act, mining act or oil and mining leases act, on the *effective date of this chapter shall be deemed to be duly registered under and subject to the provisions of this chapter, such registration to expire on the 30th day of June of the year in which this chapter becomes effective and to be subject to renewal as provided in this chapter.
[ 1979 ex.s. c 68 § 44; 1959 c 282 § 64.]
NOTES:
*Reviser's note: The "effective date of this chapter" is midnight June 10, 1959, see preface 1959 session laws.
2023 Revised Code of Washington › Title 21 - Securities and Investments › Chapter 21.20 - Securities Act of Washington. › 21.20.920 - Application of prior law.

RCW 21.20.920
Application of prior law.
Prior law applies in respect to any offer or sale made within one year after the *effective date of this chapter pursuant to an offering begun in good faith before its effective date on the basis of an exemption available under prior law.
[ 1959 c 282 § 65.]
NOTES:
*Reviser's note: The "effective date of this chapter" is midnight June 10, 1959, see preface 1959 session laws.
2023 Revised Code of Washington › Title 21 - Securities and Investments › Chapter 21.20 - Securities Act of Washington. › 21.20.925 - Judicial review of prior administrative orders.

RCW 21.20.925
Judicial review of prior administrative orders.
Judicial review of all administrative orders as to which review proceedings have not been instituted by the *effective date of this chapter are governed by RCW 21.20.440 except that no review proceeding may be instituted unless the petition is filed within any period of limitation which applied to a review proceeding when the order was entered and in any event within sixty days after the *effective date of this chapter.
[ 1959 c 282 § 66.]
NOTES:
*Reviser's note: The "effective date of this chapter" is midnight June 10, 1959, see preface 1959 session laws.
2023 Revised Code of Washington › Title 21 - Securities and Investments › Chapter 21.20 - Securities Act of Washington. › 21.20.930 - Solicitation permits under insurance laws not limited.

RCW 21.20.930
Solicitation permits under insurance laws not limited.
Nothing in this chapter shall in any way limit the provisions of RCW 48.06.030.
[ 1959 c 282 § 67.]
2023 Revised Code of Washington › Title 21 - Securities and Investments › Chapter 21.20 - Securities Act of Washington. › 21.20.935 - Repealer.

RCW 21.20.935
Repealer.
The following acts and parts of acts are hereby repealed:
(1) Chapter 69, Laws of 1923; chapter 97, Laws of 1935; chapter 182, Laws of 1937; chapter 124, Laws of 1939; chapter 169, Laws of 1943; chapter 231, Laws of 1943; chapter 189, Laws of 1947; chapter 150, Laws of 1949; chapter 230, Laws of 1951; and RCW 21.04.010 through 21.04.220; and
(2) Chapter 178, Laws of 1937; chapter 64, Laws of 1951; and RCW 21.08.010 through 21.08.120; and
(3) Chapter 110, Laws of 1939 and RCW 21.12.010 through 21.12.080.
[ 1959 c 282 § 68.]
2023 Revised Code of Washington › Title 21 - Securities and Investments › Chapter 21.30 - Commodity Transactions. › 21.30.005 - Intent.

RCW 21.30.005
Intent.
The legislature intends that this chapter, and any rules, regulations, or orders promulgated pursuant hereto, apply to transactions in commodities which constitute commodity contracts or commodity options as defined in this chapter, unless the context clearly requires otherwise.
[ 1987 c 243 § 1.]
2023 Revised Code of Washington › Title 21 - Securities and Investments › Chapter 21.30 - Commodity Transactions. › 21.30.020 - Transactions involving commodity contract or option—Prohibition—Exceptions.

RCW 21.30.020
Transactions involving commodity contract or option—Prohibition—Exceptions.
Except as otherwise provided in RCW 21.30.030 and 21.30.040, no person may sell or purchase or offer to sell or purchase any commodity under any commodity contract or under any commodity option or offer to enter into or enter into as seller or purchaser any commodity contract or any commodity option.
[ 1986 c 14 § 2.]
2023 Revised Code of Washington › Title 21 - Securities and Investments › Chapter 21.30 - Commodity Transactions. › 21.30.030 - Transactions conducted by certain persons exempt from prohibition under RCW 21.30.020.

RCW 21.30.030
Transactions conducted by certain persons exempt from prohibition under RCW 21.30.020.
The prohibition in RCW 21.30.020 does not apply to any transaction offered by and in which any 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 but only as to those activities that require such registration;
(2) A person affiliated with, and whose obligations and liabilities are guaranteed by, a person referred to in subsection (1) or (5) of this section;
(3) A person who is a member of a contract market designated by the commodity futures trading commission (or any clearinghouse thereof);
(4) A financial institution;
(5) A person registered under chapter 21.20 RCW as a securities broker-dealer holding a general securities license whose activities require such registration;
(6) A person registered as a commodity broker-dealer or commodity sales representative in accordance with this chapter; or
(7) Any person who meets all of the following conditions:
(a) Prior to engaging in any transaction which would otherwise be prohibited under RCW 21.30.020, the person:
(i) Files a claim of exemption on a form prescribed by the director; and
(ii) Files a consent to service of process pursuant to RCW 21.30.190;
(b) The person files a renewal of a claim for exemption not less than every two years on a form prescribed by the director;
(c) The person engages only in those commodity transactions in which the purchaser pays, and the seller receives, one hundred percent of the purchase price in cash or cash equivalent within ten days of the contract of sale;
(d) The person receives no more than twenty-five percent of the total dollar amount of its gross sales of commodities in any fiscal year from commodity contracts or commodity options;
(e) The person's gross profit on all transactions in commodity contracts or commodity options does not exceed five hundred thousand dollars in the fiscal year immediately preceding any year for which the person claims the exemption contained in this subsection, or one million dollars in the two fiscal years immediately preceding any year for which the person claims the exemption;
(f) The person maintains standard property and casualty insurance in an amount sufficient to cover the value of commodities stored for customers.
"Registered," for the purposes of this section, means holding a registration that has not expired, been suspended, or been revoked. The exemptions under this section shall not apply to any transaction or activity which is prohibited by the commodity exchange act or CFTC rule.
[ 1987 c 243 § 3; 1986 c 14 § 3.]
2023 Revised Code of Washington › Title 21 - Securities and Investments › Chapter 21.30 - Commodity Transactions. › 21.30.040 - Transactions and contracts exempt from prohibition under RCW 21.30.020—Rules.

RCW 21.30.040
Transactions and contracts exempt from prohibition under RCW 21.30.020—Rules.
(1) The prohibition in RCW 21.30.020 does not apply to the following:
(a) An account, agreement, or transaction within the exclusive jurisdiction of the commodity futures trading commission as granted under the commodity exchange act;
(b) A commodity contract for the purchase of one or more precious metals in which, within seven calendar days from the payment in good funds of any portion of the purchase price, the quantity of precious metals purchased by the payment is delivered (whether in specifically segregated or fungible bulk form) into the possession of a depository (other than the seller) which is either (i) a financial institution, (ii) a depository the warehouse receipts of which are recognized for delivery purposes for any commodity on a contract market designated by the commodity futures trading commission, (iii) a storage facility licensed or regulated by the United States or any agency thereof, or (iv) a depository designated by the director, and the depository (or other person which itself qualifies as a depository as aforesaid) issues and the purchaser receives, a certificate, document of title, confirmation, or other instrument evidencing that the quantity of precious metals has been delivered to the depository and is being and will continue to be held by the depository on the purchaser's behalf, free and clear of all liens and encumbrances, other than liens of the purchaser, tax liens, liens agreed to by the purchaser, or liens of the depository for fees and expenses, which have previously been disclosed to the purchaser;
(c) A commodity contract solely between persons engaged in producing, processing, using commercially, or handling as merchants each commodity subject thereto, or any by-products thereof; or
(d) A commodity contract under which the offeree or the purchaser is a person referred to in RCW 21.30.030, a person registered with the federal securities and exchange commission as a broker-dealer, an insurance company, an investment company as defined in the federal investment company act of 1940, or an employee pension and profit sharing or benefit plan (other than a self-employed individual retirement plan, or individual retirement account).
(2) The director may issue rules or orders prescribing the terms and conditions of all transactions and contracts covered by this chapter which are not within the exclusive jurisdiction of the commodity futures trading commission as granted by the commodity exchange act, exempting any person or transaction from any provision of this chapter conditionally or unconditionally and otherwise implementing this chapter for the protection of purchasers and sellers of commodities.
[ 1987 c 243 § 4; 1986 c 14 § 4.]
2023 Revised Code of Washington › Title 21 - Securities and Investments › Chapter 21.30 - Commodity Transactions. › 21.30.050 - Commodity merchants—Place for trading commodity contract or option—Requirements.

RCW 21.30.050
Commodity merchants—Place for trading commodity contract or option—Requirements.
(1) No person may engage in a trade or business or otherwise act as a commodity merchant unless the person (a) is registered or temporarily licensed with the commodity futures trading commission for each activity constituting the person as a commodity merchant and the registration or temporary license has not expired, been suspended, or been revoked; or (b) is exempt from such registration by virtue of the commodity exchange act or a CFTC rule.
(2) No board of trade may 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.
[ 1986 c 14 § 5.]
2023 Revised Code of Washington › Title 21 - Securities and Investments › Chapter 21.30 - Commodity Transactions. › 21.30.060 - Prohibited practices.

RCW 21.30.060
Prohibited practices.
No person may directly or indirectly, in or in connection with the purchase or sale of, the offer to sell, the offer to enter into, or the entry into of, any commodity contract or commodity option subject to RCW 21.30.020, 21.30.030, 21.30.040(1)(b), or 21.30.040(1)(d):
(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, that 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.
[ 1986 c 14 § 6.]
2023 Revised Code of Washington › Title 21 - Securities and Investments › Chapter 21.30 - Commodity Transactions. › 21.30.070 - Responsibility for acts or omissions—Liability—Burden of proof.

RCW 21.30.070
Responsibility for acts or omissions—Liability—Burden of proof.
(1) 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 the person's employment or office shall be deemed the act, omission, or failure of such individual, association, partnership, corporation, or trust, as well as of such official, agent, or other person.
(2) Every person who directly or indirectly controls another person liable under any provision of this chapter, every partner, officer, or director of such other person, every person occupying a similar status or performing similar functions, every employee of such other person who materially aids in the violation is also liable jointly and severally with and to the same extent as such 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 exercise of reasonable care could not have known, of the existence of the facts by reason of which the liability is alleged to exist.
[ 1986 c 14 § 7.]
2023 Revised Code of Washington › Title 21 - Securities and Investments › Chapter 21.30 - Commodity Transactions. › 21.30.080 - Offers to sell or buy in this state—Application of RCW 21.30.020, 21.30.050, and 21.30.060.

RCW 21.30.080
Offers to sell or buy in this state—Application of RCW 21.30.020, 21.30.050, and 21.30.060.
(1) RCW 21.30.020, 21.30.050, and 21.30.060 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.
(2) RCW 21.30.020, 21.30.050, and 21.30.060 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.
(3) 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.
(4) 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, or 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.
[ 1986 c 14 § 8.]
2023 Revised Code of Washington › Title 21 - Securities and Investments › Chapter 21.30 - Commodity Transactions. › 21.30.090 - When publications or electronic communications not deemed offers to sell or buy in this state.

RCW 21.30.090
When publications or electronic communications not deemed offers to sell or buy in this state.
(1) For the purpose of RCW 21.30.080, an offer to sell or to buy is not made in this state when the publisher circulates or there is circulated on his or her behalf in this state in any bona fide newspaper or other publication of general, regular, and paid circulation, which is not published in this state, an offer to sell or to buy that is reasonably calculated to solicit only persons outside this state and not to solicit persons in this state.
(2) For the purpose of RCW 21.30.080, an offer to sell or to buy is not made in this state when a radio or television program or other electronic communication originating outside this state is received in this state and the offer to sell or to buy is reasonably calculated to solicit only persons outside this state and not to solicit persons in this state.
[ 2011 c 336 § 597; 1986 c 14 § 9.]
2023 Revised Code of Washington › Title 21 - Securities and Investments › Chapter 21.30 - Commodity Transactions. › 21.30.100 - Investigations—Statements—Publication of information.

RCW 21.30.100
Investigations—Statements—Publication of information.
The director in the director's discretion:
(1) May make such public or private investigations, within or without the state, as the director finds necessary or appropriate to determine whether any person has violated, or is about to violate, any provision of this chapter or any rule or order of the director or to aid in enforcement of this chapter;
(2) May require or permit any person to file a statement in writing, under oath or otherwise as the director may determine; and
(3) May publish information concerning any violation of this chapter or any rule or order under this chapter.
[ 1986 c 14 § 10.]
2023 Revised Code of Washington › Title 21 - Securities and Investments › Chapter 21.30 - Commodity Transactions. › 21.30.107 - Subpoena authority—Application—Contents—Notice—Fees.

RCW 21.30.107
Subpoena authority—Application—Contents—Notice—Fees.
(1) The director or authorized assistants may apply for and obtain a superior court order approving and authorizing a subpoena in advance of its issuance. The application may be made in the county where the subpoenaed person resides or is found, or the county where the subpoenaed documents, records, or evidence are located, or in Thurston county. The application must:
(a) State that an order is sought under this section;
(b) Adequately specify the documents, records, evidence, or testimony; and
(c) Include a declaration made under oath that an investigation is being conducted for a lawfully authorized purpose related to an investigation within the department's authority and that the subpoenaed documents, records, evidence, or testimony are reasonably related to an investigation within the department's authority.
(2) When an application under this section is made to the satisfaction of the court, the court must issue an order approving the subpoena. An order under this subsection constitutes authority of law for the agency to subpoena the documents, records, evidence, or testimony.
(3) The director or authorized assistants may seek approval and a court may issue an order under this section without prior notice to any person, including the person to whom the subpoena is directed and the person who is the subject of an investigation. An application for court approval is subject to the fee and process set forth in RCW 36.18.012(3).
[ 2011 c 93 § 8.]
NOTES:
Finding—Intent—2011 c 93: See note following RCW 18.44.425.
2023 Revised Code of Washington › Title 21 - Securities and Investments › Chapter 21.30 - Commodity Transactions. › 21.30.110 - Investigations—Evidence—Subpoenas—Court orders of compliance.

RCW 21.30.110
Investigations—Evidence—Subpoenas—Court orders of compliance.
(1) For purposes of any investigation or proceeding under this chapter, the director or any officer or employee designated by the director, 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 director finds to be relevant or material to the inquiry.
(2) If a person does not give testimony or produce the documents required by the director or a designated employee pursuant to a lawfully issued administrative subpoena, the director or designated employee may apply for a court order compelling compliance with the subpoena or the giving of the required testimony. The request for an order of compliance may be addressed to either: (a) The superior court of Thurston county or the superior court 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 the state.
[ 1986 c 14 § 11.]
2023 Revised Code of Washington › Title 21 - Securities and Investments › Chapter 21.30 - Commodity Transactions. › 21.30.120 - Violations—Director's authority—Court actions—Penalties.

RCW 21.30.120
Violations—Director's authority—Court actions—Penalties.
(1) If the director believes, whether or not based upon an investigation conducted under RCW 21.30.100 or 21.30.110, that a person has engaged or is about to engage in an act or practice constituting a violation of this chapter or any rule or order hereunder, the director may:
(a) Issue a cease and desist order;
(b) Initiate any of the actions specified in subsection (2) of this section;
(c) Issue an order imposing a civil penalty in an amount which may not exceed ten thousand dollars for any single violation or one hundred thousand dollars for multiple violations in a single proceeding or a series of related proceedings; or
(d) Take disciplinary action against a licensed person as specified in RCW 21.30.350.
(2) The director may institute any of the following actions in the appropriate courts of the state, or in the appropriate courts of another state, in addition to any legal or equitable remedies otherwise available:
(a) A declaratory judgment;
(b) 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 director;
(c) An action for disgorgement; or
(d) An action for appointment of a receiver or conservator for the defendant or the defendant's assets.
(3) In any action under subsection (2) of this section if the director prevails, the director shall be entitled to costs and to reasonable attorneys' fees to be fixed by the court.
[ 1986 c 14 § 12.]
2023 Revised Code of Washington › Title 21 - Securities and Investments › Chapter 21.30 - Commodity Transactions. › 21.30.130 - Violations—Court-ordered remedies—Penalties—Bond by director not required.

RCW 21.30.130
Violations—Court-ordered remedies—Penalties—Bond by director not required.
(1)(a) Upon a proper showing by the director that a person has violated, or is about to violate, this chapter or any rule or order of the department, the superior court may grant appropriate legal or equitable remedies.
(b) Upon showing of violation of this chapter or a rule or order of the director or administrator, the court, in addition to legal and equitable remedies otherwise available, including temporary restraining orders, permanent or temporary prohibitory or mandatory injunctions, and writs of prohibition or mandamus, may grant the following special remedies:
(i) Imposition of a civil penalty in an amount which may not exceed ten thousand dollars for any single violation or one hundred thousand dollars for multiple violations in a single proceeding or a series of related proceedings;
(ii) Disgorgement;
(iii) Declaratory judgment;
(iv) Restitution to investors wishing restitution; and
(v) Appointment of a receiver or conservator for the defendant or the defendant's assets.
(c) Appropriate remedies when the defendant is shown only about to violate this chapter or a rule or order of the department shall be limited to:
(i) A temporary restraining order;
(ii) A temporary or permanent injunction; or
(iii) A writ of prohibition or mandamus.
(2) The court shall not require the director to post a bond in any official action under this chapter.
[ 1986 c 14 § 13.]
2023 Revised Code of Washington › Title 21 - Securities and Investments › Chapter 21.30 - Commodity Transactions. › 21.30.140 - Willful violations—Penalty—Limitation on actions.

RCW 21.30.140
Willful violations—Penalty—Limitation on actions.
A person who willfully violates this chapter, or who willfully violates a rule or order under this chapter, is guilty of a class B felony and shall upon conviction be fined not more than twenty thousand dollars or imprisoned not more than ten years, or both. However, no person may be imprisoned for the violation of a rule or order if the person proves that he or she had no knowledge of the rule or order. No indictment or information may be returned under this chapter more than five years after the alleged violation.
[ 2003 c 53 § 164; 1986 c 14 § 14.]
NOTES:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
2023 Revised Code of Washington › Title 21 - Securities and Investments › Chapter 21.30 - Commodity Transactions. › 21.30.150 - No liability under chapter for act in good faith.

RCW 21.30.150
No liability under chapter for act in good faith.
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 director, 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.
[ 1986 c 14 § 15.]
2023 Revised Code of Washington › Title 21 - Securities and Investments › Chapter 21.30 - Commodity Transactions. › 21.30.160 - Unlawful use or disclosure of information.

RCW 21.30.160
Unlawful use or disclosure of information.
Neither the director nor any employee of the director shall use any information which is filed with or obtained by the department which is not public information for personal gain or benefit, nor shall the director nor any employee of the director 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.
[ 1986 c 14 § 17.]
2023 Revised Code of Washington › Title 21 - Securities and Investments › Chapter 21.30 - Commodity Transactions. › 21.30.170 - Information—Availability to public—Exceptions.

RCW 21.30.170
Information—Availability to public—Exceptions.
(1) All information collected, assembled, or maintained by the director under this chapter is public information and is available for the examination of the public as provided by chapter 42.56 RCW except the following:
(a) Information obtained in private investigations pursuant to RCW 21.30.100 or 21.30.110;
(b) Information exempt from public disclosure under chapter 42.56 RCW; and
(c) Information obtained from federal or state agencies which may not be disclosed under federal or state law.
(2) The director in the director's discretion may disclose any information made confidential under subsection (1)(a) of this section to persons identified in RCW 21.30.180.
(3) No provision of this chapter either creates or derogates from any privilege which exists at common law, by statute, or otherwise when any documentary or other evidence is sought under subpoena directed to the director or any employee of the director.
[ 2005 c 274 § 239; 1986 c 14 § 18.]
2023 Revised Code of Washington › Title 21 - Securities and Investments › Chapter 21.30 - Commodity Transactions. › 21.30.180 - Cooperation with other agencies or organizations.

RCW 21.30.180
Cooperation with other agencies or organizations.
(1) To encourage uniform application and interpretation of this chapter and securities and commodities regulation and enforcement in general, the director and the employees of the director may cooperate, including bearing the expense of the cooperation, with the securities agencies or administrators of another jurisdiction, Canadian provinces, or territories or such other agencies administering this chapter or similar statutes, the commodity futures trading commission, the federal 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 agency.
(2) The cooperation authorized by subsection (1) of this section shall include, but need not be limited to, the following:
(a) Making joint examinations or investigations;
(b) Holding joint administrative hearings;
(c) Filing and prosecuting joint litigation;
(d) Sharing and exchanging information and documents;
(e) Formulating and adopting mutual regulations, statements of policy, guidelines, proposed statutory changes and releases; and
(f) Issuing and enforcing subpoenas at the request of the agency administering similar statutes in another jurisdiction, the securities agency of another jurisdiction, the commodity futures trading commission or the federal securities and exchange commission if the information sought would also be subject to lawful subpoena for conduct occurring in this state.
[ 1986 c 14 § 19.]
2023 Revised Code of Washington › Title 21 - Securities and Investments › Chapter 21.30 - Commodity Transactions. › 21.30.190 - Consent for service of process—Service, how made.

RCW 21.30.190
Consent for service of process—Service, how made.
(1) Every applicant for registration under this chapter or person filing a claim of exemption under RCW 21.30.030(7) shall file with the administrator in such form as the administrator by rule prescribes, an irrevocable consent appointing the administrator or successor in office to be his or her attorney to receive service of any lawful process in any noncriminal suit, action, or proceeding against the applicant or successor executor or administrator which arises under this chapter or any rule or order hereunder after the consent has been filed, with the same force and validity as if served personally on the person filing the consent. Service may be made by leaving a copy of the process in the office of the administrator, but it is not effective unless (a) the plaintiff, who may be the administrator in a suit, action, or proceeding instituted by the administrator, forthwith sends notice of the service and a copy of the process by registered mail to the defendant or respondent at the last address on file with the administrator, and (b) the plaintiff's affidavit of compliance with this subsection is filed in the case on or before the return day of the process, if any, or within such further time as the court allows.
(2) If 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 director, 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 arises out of that conduct and which is brought under this chapter or any rule or order of the director with the same force and validity as if served personally.
[ 1987 c 243 § 5; 1986 c 14 § 20.]
2023 Revised Code of Washington › Title 21 - Securities and Investments › Chapter 21.30 - Commodity Transactions. › 21.30.200 - Administrative proceedings—Summary order—Notice—Hearing—Final order.

RCW 21.30.200
Administrative proceedings—Summary order—Notice—Hearing—Final order.
(1) The director shall commence an administrative proceeding under this chapter by entering either a statement of charges or a summary order. The statement of charges 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.
(2) Upon entry of the statement of charges or summary order, the director shall promptly inform all interested parties that they have twenty business days from receipt of notice of the statement of charges or the summary order to file a written request for a hearing on the matter with the director and that the hearing will be scheduled to commence within thirty business days after receipt of the written request.
(3) If no hearing is requested within the twenty-day period and none is ordered by the director, the statement of charges or summary order will automatically become a final order.
(4) If a hearing is requested or ordered, the director, after notice of and opportunity for hearing to all interested persons, may modify or vacate the order or extend it until final determination.
(5) No final order or order after hearing may be returned without:
(a) Appropriate notice to all interested persons;
(b) Opportunity for hearing by all interested persons; and
(c) Entry of written findings of fact and conclusions of law.
(6) Every hearing in an administrative proceeding under this chapter shall be public unless the director grants a request joined in by all the respondents that the hearing be conducted privately.
[ 1986 c 14 § 21.]
2023 Revised Code of Washington › Title 21 - Securities and Investments › Chapter 21.30 - Commodity Transactions. › 21.30.210 - Application of chapter 34.05 RCW, the administrative procedure act.

RCW 21.30.210
Application of chapter 34.05 RCW, the administrative procedure act.
Chapter 34.05 RCW applies to an administrative proceeding carried out by the director under this chapter unless otherwise provided in this chapter.
[ 1986 c 14 § 22.]
2023 Revised Code of Washington › Title 21 - Securities and Investments › Chapter 21.30 - Commodity Transactions. › 21.30.220 - Pleading exemptions or exceptions—Burden of proof.

RCW 21.30.220
Pleading exemptions or exceptions—Burden of proof.
It shall not be necessary to negate any of the exemptions, or exceptions from a definition, of this chapter in any complaint, information, or indictment, or any writ or proceeding brought under this chapter; and the burden of proof of any such exemption or exception from a definition shall be on the party claiming the same.
[ 1986 c 14 § 23.]
2023 Revised Code of Washington › Title 21 - Securities and Investments › Chapter 21.30 - Commodity Transactions. › 21.30.230 - Application for licensing.

RCW 21.30.230
Application for licensing.
An applicant for licensing as a commodity broker-dealer or commodity sales representative shall file with the administrator or the designee of the administrator an application for licensing together with a consent to service of process pursuant to RCW 21.30.190. The application for licensing must contain the information that the administrator determines, by rule, is necessary or appropriate to facilitate the administration of this chapter.
[ 1986 c 14 § 24.]
2023 Revised Code of Washington › Title 21 - Securities and Investments › Chapter 21.30 - Commodity Transactions. › 21.30.240 - Fees.

RCW 21.30.240
Fees.
(1) An applicant for licensing shall pay a registration fee as follows:
(a) For a commodity broker-dealer, two hundred dollars; and for each branch office, one hundred dollars; and
(b) For a commodity sales representative, fifty dollars.
(2) Except in any year in which a licensing fee is paid, an applicant shall pay an annual fee as follows:
(a) For a commodity broker-dealer, one hundred dollars; and for each branch office in this state, fifty dollars; and
(b) For a commodity sales representative, thirty-five dollars.
(3) For purposes of this section, a branch office means each office of a commodity broker-dealer in this state, other than the principal office in this state of the commodity broker-dealer, from which three or more commodity sales representatives transact business.
(4) If an application is denied or withdrawn or the license is terminated by revocation, cancellation, or withdrawal, the administrator shall retain the fee paid.
[ 1986 c 14 § 25.]
2023 Revised Code of Washington › Title 21 - Securities and Investments › Chapter 21.30 - Commodity Transactions. › 21.30.250 - Examinations—Waiver.

RCW 21.30.250
Examinations—Waiver.
(1) The administrator may, by rule or order, impose an examination requirement upon:
(a) An applicant applying for licensing under this chapter; and
(b) Any class of applicants.
(2) Any examination required may be administered by the administrator or a designee of the administrator. Examinations may be oral, written, or both and may differ for each class of applicants.
(3) The administrator may, by order, waive any examination requirement imposed pursuant to subsection (1) of this section as to any applicant if the administrator determines that the examination is not necessary in the public interest and for the protection of investors.
[ 1986 c 14 § 26.]
2023 Revised Code of Washington › Title 21 - Securities and Investments › Chapter 21.30 - Commodity Transactions. › 21.30.260 - Expiration of licenses—Authority under commodity sales representative license—Notification of changes.

RCW 21.30.260
Expiration of licenses—Authority under commodity sales representative license—Notification of changes.
(1) The license of a commodity broker-dealer or commodity sales representative expires on December 31 of the year for which issued or at such other time as the administrator may by rule prescribe.
(2) The license of a commodity sales representative is only effective with respect to transactions effected as an employee or representative on behalf of the commodity broker-dealer or issuer for whom the commodity sales representative is licensed.
(3) When a commodity sales representative begins or terminates association with a commodity broker-dealer or issuer, or begins or terminates activities which make that person a commodity sales representative, the commodity sales representative and the former commodity broker-dealer or issuer on whose behalf the commodity sales representative was acting shall notify promptly the administrator or the administrator's designee.
[ 1986 c 14 § 27.]
2023 Revised Code of Washington › Title 21 - Securities and Investments › Chapter 21.30 - Commodity Transactions. › 21.30.270 - Multiple licenses, when permitted.

RCW 21.30.270
Multiple licenses, when permitted.
No person may at any one time act as a commodity sales representative for more than one commodity broker-dealer or one issuer, except (1) where the commodity broker-dealers for whom the commodity sales representative will act are affiliated by direct or indirect common control, a commodity sales representative may represent each of those organizations or (2) where the administrator, by rule or order, authorizes multiple licenses as consistent with the public interest and protection of investors.
[ 1986 c 14 § 28.]
2023 Revised Code of Washington › Title 21 - Securities and Investments › Chapter 21.30 - Commodity Transactions. › 21.30.280 - Classification of licenses—Limitations and conditions of licenses.

RCW 21.30.280
Classification of licenses—Limitations and conditions of licenses.
If the administrator determines, by rule, that one or more classifications of licenses as a commodity broker-dealer or commodity sales representative which are subject to limitations and conditions on the nature of the activities which may be conducted by those persons are consistent with the public interest and the protection of investors, the administrator may authorize the licensing of persons subject to specific limitations and conditions.
[ 1986 c 14 § 29.]
2023 Revised Code of Washington › Title 21 - Securities and Investments › Chapter 21.30 - Commodity Transactions. › 21.30.290 - Annual report and fee.

RCW 21.30.290
Annual report and fee.
For so long as a commodity broker-dealer or commodity sales representative is licensed under this chapter, it shall file an annual report, together with the annual fee specified in RCW 21.30.240(2), with the administrator or the administrator's designee at a time and including that information that the administrator determines, by rule or order, is necessary or appropriate.
[ 1986 c 14 § 30.]
2023 Revised Code of Washington › Title 21 - Securities and Investments › Chapter 21.30 - Commodity Transactions. › 21.30.300 - Minimum net capital and fidelity bond requirements.

RCW 21.30.300
Minimum net capital and fidelity bond requirements.
(1)(a) The administrator may, by rule, require a licensed commodity broker-dealer to maintain: (i) Minimum net capital; and (ii) a prescribed ratio between net capital and aggregate indebtedness. The minimum net capital and net capital-to-aggregate indebtedness ratio may vary with type or class of commodity broker-dealer.
(b) If a licensed commodity broker-dealer believes, or has reasonable cause to believe, that any requirement imposed on it under this subsection is not being met, it shall promptly notify the administrator of its current financial condition.
(2) The administrator may, by rule, require the furnishing of fidelity bonds from commodity broker-dealers.
[ 1986 c 14 § 31.]
2023 Revised Code of Washington › Title 21 - Securities and Investments › Chapter 21.30 - Commodity Transactions. › 21.30.310 - Financial and other reports.

RCW 21.30.310
Financial and other reports.
A licensed commodity broker-dealer shall file financial and other reports that the administrator determines, by rule, are necessary or appropriate.
[ 1986 c 14 § 32.]
2023 Revised Code of Washington › Title 21 - Securities and Investments › Chapter 21.30 - Commodity Transactions. › 21.30.320 - Records.

RCW 21.30.320
Records.
(1) A licensed commodity broker-dealer or commodity sales representative shall make and maintain records that the administrator determines, by rule, are necessary or appropriate.
(2) Required records may be maintained in computer or microform format or any other form of data storage provided that the records are readily accessible to the administrator.
(3) Required records must be preserved for five years unless the administrator, by rule, specifies either a longer or shorter period for a particular type or class of records.
[ 1986 c 14 § 33.]
2023 Revised Code of Washington › Title 21 - Securities and Investments › Chapter 21.30 - Commodity Transactions. › 21.30.330 - Correcting amendments of information in application or financial and other reports—Exception.

RCW 21.30.330
Correcting amendments of information in application or financial and other reports—Exception.
If the information contained in any document filed with the administrator or the administrator's designee pursuant to RCW 21.30.230 or 21.30.310, except for those documents which the administrator, by rule or order, may exclude from this requirement, is or becomes inaccurate or incomplete in any material respect, the licensed person shall promptly file a correcting amendment, unless notification of the correction has been given under RCW 21.30.260(3).
[ 1986 c 14 § 34.]
2023 Revised Code of Washington › Title 21 - Securities and Investments › Chapter 21.30 - Commodity Transactions. › 21.30.340 - Examination of records—Copies—Fees.

RCW 21.30.340
Examination of records—Copies—Fees.
(1) The administrator, without prior notice, may examine the records and require copies of the records which a licensed commodity broker-dealer or commodity sales representative is required to make and maintain under RCW 21.30.320, within or without this state, in a manner reasonable under the circumstances. Commodity broker-dealers and commodity sales representatives must make their records available to the administrator in a readable form.
(2) The administrator may copy records or require a licensed person to copy records and provide the copies to the administrator in a manner reasonable under the circumstances.
(3) The administrator may impose reasonable fees for conducting an examination pursuant to this section.
[ 1986 c 14 § 35.]
2023 Revised Code of Washington › Title 21 - Securities and Investments › Chapter 21.30 - Commodity Transactions. › 21.30.360 - Violations—Prosecuting attorney may bring criminal proceedings.

RCW 21.30.360
Violations—Prosecuting attorney may bring criminal proceedings.
The director may refer such evidence as may be available concerning violations of this chapter or of any rule or order under this chapter to the proper prosecuting attorney, who may in his or her discretion, with or without such a reference, institute the appropriate criminal proceedings under this chapter.
[ 1986 c 14 § 37.]
2023 Revised Code of Washington › Title 21 - Securities and Investments › Chapter 21.30 - Commodity Transactions. › 21.30.370 - Penalties in chapter nonexclusive.

RCW 21.30.370
Penalties in chapter nonexclusive.
Nothing in this chapter limits the power of the state to punish a person for conduct which constitutes a crime by statute or at common law.
[ 1986 c 14 § 38.]
2023 Revised Code of Washington › Title 21 - Securities and Investments › Chapter 21.30 - Commodity Transactions. › 21.30.380 - Administration of chapter under director of financial institutions.

RCW 21.30.380
Administration of chapter under director of financial institutions.
The administration of this chapter shall be under the director of the department of financial institutions.
[ 1994 c 92 § 6; 1986 c 14 § 39.]
2023 Revised Code of Washington › Title 21 - Securities and Investments › Chapter 21.30 - Commodity Transactions. › 21.30.390 - Administrator—Appointment—Delegation of duties—Term.

RCW 21.30.390
Administrator—Appointment—Delegation of duties—Term.
The director shall appoint a competent person to administer this chapter, who shall be designated the administrator. The director shall delegate to the administrator such powers, subject to the authority of the director, as may be necessary to carry out this chapter. The administrator shall hold office at the pleasure of the director.
[ 1986 c 14 § 16.]
2023 Revised Code of Washington › Title 21 - Securities and Investments › Chapter 21.30 - Commodity Transactions. › 21.30.400 - Director's powers and duties—Rules, forms, and orders—Fees.

RCW 21.30.400
Director's powers and duties—Rules, forms, and orders—Fees.
In addition to specific authority granted elsewhere in this chapter, the director may make, amend, and rescind rules, forms, and orders as are necessary to carry out 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 this chapter. The director may classify commodities, commodity contracts, and commodity options, persons, and matters within the director's jurisdiction. No rule or form may be made unless the director finds that the action is necessary or appropriate in the public interest or for the protection of the investors and consistent with the purposes intended by the policy and provisions of this chapter. The director may, by rule, establish a schedule of reasonable fees to carry out the purposes of this chapter, such fees to cover the estimated costs of enforcing this chapter.
[ 1986 c 14 § 40.]
2023 Revised Code of Washington › Title 21 - Securities and Investments › Chapter 21.30 - Commodity Transactions. › 21.30.800 - Securities laws not affected.

RCW 21.30.800
Securities laws not affected.
Nothing in this chapter shall impair, derogate from, or otherwise affect the authority or powers of the administrator under the securities act of Washington, chapter 21.20 RCW, or the application of any provision thereof to any person or transaction subject thereto.
[ 1986 c 14 § 41.]
2023 Revised Code of Washington › Title 21 - Securities and Investments › Chapter 21.30 - Commodity Transactions. › 21.30.810 - Construction and purpose.

RCW 21.30.810
Construction and 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 commodities and to maximize coordination with federal and other states' law and the administration and enforcement thereof.
[ 1986 c 14 § 42.]
2023 Revised Code of Washington › Title 21 - Securities and Investments › Chapter 21.30 - Commodity Transactions. › 21.30.901 - Effective date—1986 c 14.

RCW 21.30.901
Effective date—1986 c 14.
This act shall take effect on October 1, 1986.
[ 1986 c 14 § 46.]