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| | |date=March 10, 2008}}</ref> | | |date=March 10, 2008}}</ref> |
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| − | The Martin Act is codified at New York General Business Law article 23-A, sections 352–353.<ref>http://public.leginfo.state.ny.us/lawssrch.cgi?NVLWO: Retrieved Sept. 4, 2017</ref> It reads in part: | + | The Martin Act is codified at New York General Business Law article 23-A, sections 352–353,<ref>http://public.leginfo.state.ny.us/lawssrch.cgi?NVLWO: Retrived Sept. 4, 2017</ref> It reads in part: |
| − | <blockquote>1. It | + | <blockquote>1. It shall be illegal and prohibited for any person, partnership, corporation, company, trust or association, or any agent or employee thereof, to use or employ any of the following acts or practices: |
| − | shall be illegal and prohibited for any person, partnership,
| + | (a) Any fraud, deception, concealment, suppression, false pretense or fictitious or pretended purchase or sale; |
| − | corporation, company, trust or association, or any agent or employee
| + | (b) Any promise or representation as to the future which is beyond reasonable expectation or unwarranted by existing circumstances |
| − | thereof, to use or employ any of the following acts or practices:
| + | (c) Any representation or statement which is false, where the person who made such representation or statement: (i) knew the truth; or (ii) with reasonable effort could have known the truth; or (iii) made no reasonable effort to ascertain the truth; or (iv) did not have knowledge concerning the representation or statement made; where engaged in to induce or promote the issuance, distribution, exchange, sale, negotiation or purchase within or from this state of any |
| − | (a) Any fraud, deception, concealment, suppression, false pretense or | |
| − | fictitious or pretended purchase or sale;
| |
| − | (b) Any promise or representation as to the future which is beyond | |
| − | reasonable expectation or unwarranted by existing circumstances
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| − | (c) Any representation or statement which is false, where the person | |
| − | who made such representation or statement: (i) knew the truth; or (ii)
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| − | with reasonable effort could have known the truth; or (iii) made no
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| − | reasonable effort to ascertain the truth; or (iv) did not have knowledge
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| − | concerning the representation or statement made;
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| − | where engaged in to induce or promote the issuance, distribution,
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| − | exchange, sale, negotiation or purchase within or from this state of any
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| | securities or commodities, as defined in section three hundred fifty-two | | securities or commodities, as defined in section three hundred fifty-two |
| | of this article, regardless of whether issuance, distribution, exchange, | | of this article, regardless of whether issuance, distribution, exchange, |
| | sale, negotiation or purchase resulted. | | sale, negotiation or purchase resulted. |
| − | 2. It shall be illegal and prohibited for any person, partnership, | + | 2. It shall be illegal and prohibited for any person, partnership, corporation, company, trust or association, or any agent or employee thereof, to engage in any artifice, agreement, device or scheme to obtain money, profit or property by any of the means prohibited by this section.</blockquote> |
| − | corporation, company, trust or association, or any agent or employee
| |
| − | thereof, to engage in any artifice, agreement, device or scheme to
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| − | obtain money, profit or property by any of the means prohibited by this
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| − | section.</blockquote>
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| | ==References== | | ==References== |
| | <references/> | | <references/> |
| | [[Category:Laws]] | | [[Category:Laws]] |