(a) In this section, “option” means and includes a put, call, straddle, or other option or privilege of buying from another person or selling to another person a specified number of securities at a specified price, without being obligated to do so, on or before a specified date. The term does not include an option or privilege that by its terms may terminate before the specified date on the occurrence of a specified event.
(b) The exemption provided by § 4005.001 applies to a sale of an option by or through a registered dealer if, at the time of the sale:
(1) the performance of the terms of the option is guaranteed by a broker-dealer registered under the Securities Exchange Act of 1934 (15 U.S.C. § 78a et seq.);
(2) the guaranty and broker-dealer described by Subdivision (1) are in compliance with any requirements or rules adopted or approved by the board;
(3) the option is not sold by or for the benefit of the issuer of the security that may be purchased or sold on exercise of the option;
(4) the security that may be purchased or sold on exercise of the option is either:
(A) exempted under § 4005.054; or
(B) quoted on the NASDAQ stock market and meets the requirements of Sections 4005.019(b)(1), (6), (7), and (8); and
(5) the sale is not directly or indirectly for the purposes of providing or furthering a scheme to violate or evade this title.