(a) A purchaser, seller, or recipient of investment advice may not maintain an action under Alaska Stat. § 45.56.710 if

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Terms Used In Alaska Statutes 45.56.720

  • action: includes any matter or proceeding in a court, civil or criminal. See Alaska Statutes 01.10.060
  • administrator: means the commissioner of commerce, community, and economic development or a designee of the commissioner. See Alaska Statutes 45.56.900
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • person: means an individual, a corporation, a partnership, a limited liability company, a limited partnership, a limited liability partnership, an association, a joint-stock company, a trust in which the interests of the beneficiaries are evidenced by a security, an unincorporated organization, a government, or a political subdivision of a government. See Alaska Statutes 45.56.900
  • sale: includes every contract of sale, contract to sell, or disposition of a security or interest in a security for value, and "offer to sell" includes every attempt or offer to dispose of, or solicitation of an offer to purchase, a security or interest in a security for value. See Alaska Statutes 45.56.900
  • security: means a note. See Alaska Statutes 45.56.900
(1) the purchaser, seller, or recipient of investment advice receives, in a record, before the action is instituted,

(A) an offer stating the respect in which liability under Alaska Stat. § 45.56.710 may have arisen and fairly advising the purchaser, seller, or recipient of investment advice of that person‘s rights in connection with the offer and any financial or other information necessary to correct all material misrepresentations or omissions in the information that was required by this chapter to be furnished to that person at the time of the purchase, sale, or investment advice;
(B) if the basis for relief under this section may have been a violation of Alaska Stat. § 45.56.710(b), an offer to repurchase the security for cash, payable on delivery of the security, equal to the consideration paid, and interest at the legal rate of interest under Alaska Stat. § 09.30.070, or eight percent a year, whichever is greater, from the date of the purchase, less the amount of any income received on the security, or, if the purchaser no longer owns the security, an offer to pay the purchaser, upon acceptance of the offer, damages in an amount that would be recoverable upon a tender, less the value of the security when the purchaser disposed of it, and interest at the legal rate of interest under Alaska Stat. § 09.30.070, or eight percent a year, whichever is greater, from the date of the purchase in cash equal to the damages computed in the manner provided in this subparagraph;
(C) if the basis for relief under this section may have been a violation of Alaska Stat. § 45.56.710(c), an offer to tender the security, on payment by the seller of an amount equal to the purchase price paid, less income received on the security by the purchaser and interest at the legal rate of interest under Alaska Stat. § 09.30.070, or eight percent a year, whichever is greater, from the date of the sale, or, if the purchaser no longer owns the security, an offer to pay the seller, upon acceptance of the offer, in cash, damages in the amount of the difference between the price at which the security was purchased and the value the security would have had at the time of the purchase in the absence of the purchaser’s conduct that may have caused liability and interest at the legal rate of interest in Alaska Stat. § 09.30.070, or eight percent a year, whichever is greater, from the date of the sale;
(D) if the basis for relief under this section may have been a violation of Alaska Stat. § 45.56.710(d); and if the customer is a purchaser, an offer to pay as specified in (B) of this paragraph; or, if the customer is a seller, an offer to tender or to pay as specified in (C) of this paragraph;
(E) if the basis for relief under this section may have been a violation of Alaska Stat. § 45.56.710(e), an offer to reimburse in cash the consideration paid for the advice and interest at the legal rate of interest under Alaska Stat. § 09.30.070, or eight percent a year, whichever is greater, from the date of payment; or
(F) if the basis for relief under this section may have been a violation of Alaska Stat. § 45.56.710(f), an offer to reimburse in cash the consideration paid for the advice, the amount of any actual damages that may have been caused by the conduct, and interest at the legal rate of interest under Alaska Stat. § 09.30.070, or eight percent a year, whichever is greater, from the date of the violation causing the loss;
(2) the offer under (1) of this subsection states that it must be accepted by the purchaser, seller, or recipient of investment advice within 30 days after the date of its receipt by the purchaser, seller, or recipient of investment advice or any shorter period of not less than three days that the administrator, by order, specifies;
(3) the offeror has the present ability to pay the amount offered or to tender the security under (1) of this subsection;
(4) the offer under (1) of this subsection is delivered to the purchaser, seller, or recipient of investment advice or sent in a manner that ensures receipt by the purchaser, seller, or recipient of investment advice; and
(5) the purchaser, seller, or recipient of investment advice that accepts the offer under (1) of this subsection, in a record, within the period specified under (2) of this subsection, is paid in accordance with the terms of the offer.
(b) The offer under this section shall be filed with the administrator 10 business days before the offering and conform in form and content with a regulation adopted under this chapter.
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