409.803. Prohibited contracts--exemptions. - Missouri Statutes

Prohibited contracts--exemptions.

409.803. 1. Except as otherwise provided in subdivision (1)of subsection 1 of section 409.806, no person shall offer toenter into, enter into, or confirm the execution of, anytransaction for the delivery of any commodity under a commoditycontract commonly known as a margin account, margin contract,leverage account, or leverage contract, or under any contract,account, arrangement, scheme, or device that serves the samefunction or functions or is marketed or managed in substantiallythe same manner as such account or contract.

2. No person shall sell or purchase, or offer to sell orpurchase, any commodity under any other commodity contract orunder any commodity option or offer to enter into or enter intoas seller or purchaser any other commodity contract or anycommodity option. The provisions of this subsection shall notapply to any of the following persons, or any employee, officeror director thereof acting solely in that capacity:

(1) A person registered with the Commodity Futures TradingCommission as a futures commission merchant or as a leveragetransaction merchant whose activities require such registration;

(2) A person registered with the Securities and ExchangeCommission as a broker-dealer whose activities require suchregistration;

(3) A person affiliated with, and whose obligations andliabilities are guaranteed by, a person referred to insubdivision (1) or (2) of this subsection;

(4) A person who is a member of a contract market designatedby the Commodity Futures Trading Commission, or any clearinghousethereof;

(5) A financial institution;

(6) A person registered under the laws of this state as asecurities broker-dealer whose activities require suchregistration; or

(7) A person registered as a commodity broker-dealer orcommodity sales representative in accordance with the provisionsof sections 409.850 to 409.863.

(L. 1985 H.B. 409 & 532 § 2)