Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 30 - Secretary of State › Chapter 59 - Registration and Operations of Commodity Broker-Dealers and Sales Representatives › Section 15 CSR 30-59.010 - Definitions

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The commissioner of securities under the
				  direction of the secretary of state administers the Missouri Model Commodities
				  Code, sections 409.800-409.836, RSMo. The commissioner may make rules, forms,
				  and orders as are necessary to carry out the provisions of the Code and may
				  define terms, whether or not used in the Code, insofar as the definitions are
				  not inconsistent with the Code. This rule defines certain terms used in the
				  administration of the Code and in the rules, forms, and orders.
(1) When the terms listed in subsections
				(1)(A)-(Q) are used in sections 409.800-409.863, RSMo, this chapter of rules,
				the forms, and the orders of the commissioner issued under sections
				409.800-409.863, RSMo 1986, and this chapter of rules, the following meanings
				shall apply (unless the context requires otherwise), to the extent that they
				are not inconsistent with definitions provided in sections 409.800-409.863,
				RSMo:
(A) Affiliate means a person who,
				directly or indirectly, through one (1) or more intermediaries, controls, or is
				controlled by, or is under common control with, another person;
(B) Applicant means the person executing an
				application or an entity on whose behalf an application is submitted;
(C) Application means the form prescribed or
				approved by the commissioner for filing in connection with registration as a
				broker-dealer or sales representative and any information, document, report, or
				memorandum filed as a part of that form or is incorporated by reference and any
				other documentation, information, report, or memorandum required to be filed in
				connection with registration;
(D)
				Broker-dealer means commodity broker-dealer as defined in subsection (1)(H) for
				the purposes of this chapter only;
(E) Certified means, when used in connection
				with financial statements, certified by an independent certified public
				accountant in accordance with generally accepted accounting
				practices;
(F) CFTC means the
				Commodity Futures Trading Commission;
(G) Code means sections 409.800- 409.863,
				RSMo, (Senate Committee Substitute for House Bill Nos. 409 and 532 enacted into
				law by the 83rd General Assembly), otherwise known as the
Missouri
				Model Commodities Code
;
(H) Commodity broker-dealer means any one (1)
				person engaged in the business of effecting transactions in commodities under
				any commodity contract or under any commodity option for the account of other
				or for his/her own account. Commodity broker-dealer does not include a sales
				representative (but an individual who is a commodity broker-dealer may also be
				a sales representative);
(I)
				Commodity sales representative means any individual (including an individual
				who is a broker-dealer, a partner, officer, or director of a broker-dealer, or
				a person occupying a similar status or performing similar functions) who
				represents a broker-dealer in effecting or attempting to effect purchases or
				sales of commodities;
(J) Division
				means the Division of Securities, Office of Secretary of State for Missouri or
				the Office of the Commissioner of Securities of Missouri;
(K) FINRA means the Financial Industry
				Regulatory Authority;
(L) NFA means
				the National Futures Association;
(M) For offer or offer to sell, see
Kreis v. Mates Investment Fund, Inc
., 473 F.2d 1208
				(1973);
(N) Parent means an
				affiliate controlling another person;
(O) Predecessor means a person, a major
				portion of whose business, assets, or control has been acquired by
				another;
(P) Registrant means an
				applicant for whom a registration has become effective; and
(Q) Sales representative means commodity
				sales representative as defined in subsection (1)(I) for the purposes of this
				chapter only.