Section 351. Acts prohibited; penalty for violation  


Latest version.
  • Any  person,
      copartnership, firm, association or corporation, whether acting in  his,
      their  or its own right or as the officer, agent, servant, correspondent
      or representative of another, who shall: 1. Make or offer  to  make,  or
      assist  in  making  or  offering  to  make  any  contract respecting the
      purchase or sale, either upon credit or margin,  of  any  securities  or
      commodities, including all evidences of debt or property and options for
      the  purchase  thereof, shares in any corporation or association, bonds,
      coupons, scrip, rights, choses in action and other evidences of debt  or
      property  and  options for the purchase thereof or anything movable that
      is bought and sold, intending that such contract  shall  be  terminated,
      closed  or  settled according to, or upon the basis of the public market
      quotations of or prices made on any board of trade or exchange or market
      upon which such commodities or securities  are  dealt  in,  and  without
      intending a bona fide purchase or sale of the same; or,
        2.  Makes  or  offers to make or assists in making or offering to make
      any contract respecting the purchase or  sale,  either  upon  credit  or
      margin,  of  any  such  securities  or  commodities  intending that such
      contract shall be deemed terminated, closed and settled when such market
      quotations of or such prices for such securities or commodities named in
      such contract shall reach a certain figure,  without  intending  a  bona
      fide purchase or sale of the same; or,
        3.  Makes  or offers to make, or assists in making or offering to make
      any contract respecting the purchase or  sale,  either  upon  credit  or
      margin  of  any such securities or commodities, not intending the actual
      bona fide receipt or delivery of any such securities or commodities, but
      intending a settlement of such contract based  upon  the  difference  in
      such public market quotations of or such prices at which said securities
      or commodities are, or are asserted to be, bought or sold; or,
        4.  Shall,  as owner, keeper, proprietor or person in charge of, or as
      officer,  director,  stockholder,  agent,  servant,   correspondent   or
      representative of such owner, keeper, proprietor or person in charge of,
      or  as officer, director, stockholder, agent, servant, correspondent, or
      representative of such owner, keeper, proprietor or person in charge, or
      of any other person, keep,  conduct  or  operate  any  bucket  shop,  as
      hereinafter  defined; or knowingly permit or allow or induce any person,
      copartnership, firm, association or corporation whether acting  in  his,
      their or its own right, or as the officer, agent, servant, correspondent
      or  representative  of  another  to make or offer to make therein, or to
      assist in making therein, or in offering to make  therein,  any  of  the
      contracts  specified  in any of the three preceding subdivisions of this
      section.
        Shall be  guilty  of  a  felony.    The  prosecution,  conviction  and
      punishment  of  a  corporation  hereunder  shall  not  be deemed to be a
      prosecution, conviction or punishment of any of its officers,  directors
      or stockholders.