A. A person who engages in the business of an exchange facilitator is prohibited from:
1. Making any material misrepresentations concerning any exchange facilitator transaction
that are intended to mislead another;
2. Pursuing a continued course of misrepresentation or making false statements through
advertising or otherwise;
3. Failing, within a reasonable time, to account for any moneys or property belonging
to others that may be in the possession or under the control of the exchange facilitator;
4. Engaging in any conduct constituting fraudulent or dishonest dealings;
5. Committing any crime involving fraud, misrepresentation, deceit, embezzlement,
misappropriation of funds, robbery, or other theft of property;
6. Materially failing to fulfill its contractual duties to the exchange client to
deliver property or funds to the exchange client unless such failure is due to circumstances
beyond the control of the exchange facilitator; or
7. Materially violating any of the provisions of this chapter.
B. A person who is an owner, officer, director, or employee of an exchange facilitator
is prohibited from committing any crime involving fraud, misrepresentation, deceit,
embezzlement, misappropriation of funds, robbery, or other theft of property; however,
the commission of such crime by an officer, director, or employee of an exchange facilitator
shall not be considered a violation of this chapter if the employment or appointment
of such officer, director, or employee has been terminated and no clients of the exchange
facilitator were harmed or full restitution has been made to all harmed clients within
a reasonable period of time.
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