Sec. 47-101. Exceptions.
260 words·~1 min read·
/ct/title-47/chapter-826-real-estate-syndicates/47-101·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)The provisions of this chapter do not apply to any of the following:
(i)Any real estate syndicate securities or participation in an oil, gas, or mining title or lease;
(ii)any shares, memberships or certificates of interest or participation in a mutual water company;
(iii)any share, membership or certificate of interest in a real estate investment trust subject to the provisions of sections 20-329o to 20-329bb , inclusive;
(iv)any real estate syndicate security for which a registration has been filed under the Federal Securities Act of 1933;
(v)any membership interest or other right or privilege of purchasers created in or in connection with any of the forms of development referred to in the Condominium Act of 1976, as set forth in sections 47-68a to 47-90c , inclusive.
(b)Any offer or sale of a real estate syndicate security in a transaction not involving a public offering within the meaning of Section 4(2) of the Federal Securities Act of 1933, presently constituted as Section 77(d)(2) of Title 15 of the United States Code is exempt from the provisions of this chapter, provided it shall be a conclusive presumption that any such offer or sale to less than eighteen persons shall be a private offering.
(c)There shall be exempted from the provisions of this chapter any other transaction which the commission by regulation exempts as not being comprehended within the purposes of this chapter and the qualification of which it finds is not necessary or appropriate in the public interest or for the protection of investors.