This part of the law is called the California Commodity Law of 1990. When the law mentions “this law,” it means the parts of this division unless it’s clear it refers to something else. The terms defined in this chapter are used to understand this law.
This division shall be known and may be cited as the “California Commodity Law of 1990.” References herein to “this law” refer to the applicable provisions of this division unless the context otherwise requires. The definitions in this chapter govern the construction of this law.
California Commodity Law 1990 definitions construction division provisions commodity regulation governing definitions citing law applicable provisions context interpretation legal definitions law citation California regulation
(Added by Stats. 1990, Ch. 969, Sec. 2.)
This section defines a 'board of trade' as any individual or group involved in purchasing or selling commodities, or handling goods for consignment sales, regardless of whether they're officially called a board of trade, an exchange, or another type of marketplace.
“Board of trade” means any person or group of persons engaged in buying or selling any commodity or receiving the same for sale on consignment, whether the person or group of persons is characterized as a board of trade, exchange, or other form of marketplace.
board of trade commodity exchange consignment sales marketplace buying commodities selling commodities trade group exchange person or group market trading commodity marketplace consignment handling
(Added by Stats. 1990, Ch. 969, Sec. 2.)
A 'business day' is any day that isn't a Saturday, Sunday, or a holiday as outlined in the Government Code.
“Business days” are all days other than every Saturday, every Sunday and such other days as are specified or provided for as holidays in the Government Code.
business days Saturday Sunday holidays Government Code holidays working days corporate operations non-business days calendar days business hours legal holidays corporate schedules California government holidays weekdays holiday schedule
(Added by Stats. 1990, Ch. 969, Sec. 2.)
This law defines the term “Commissioner” as referring specifically to the Commissioner of Financial Protection and Innovation.
“Commissioner” means the Commissioner of Financial Protection and Innovation.
Commissioner Financial Protection Innovation Definition Regulatory Authority Financial Oversight California State Government Financial Protection Agency Innovation Regulation Financial Services Commissioner
(Amended by Stats. 2022, Ch. 452, Sec. 90. (SB 1498) Effective January 1, 2023.)
This section defines what counts as a 'commodity' for regulatory purposes. Generally, it includes things like agricultural products, metals, minerals, gemstones, fuels, foreign currencies, and other goods. However, it specifically excludes certain coins and artworks. Coins are excluded if their market value is much higher than just the metal value, and artworks are excluded if they are sold by dealers, at auctions, or privately.
“Commodity” means, except as otherwise specified by the commissioner by rule or order, any agricultural, grain, or livestock product or byproduct, any metal or mineral (including a precious metal set forth in Section 29515), any gem or gemstone (whether characterized as precious, semiprecious, or otherwise), any fuel (whether liquid, gaseous, or otherwise), any foreign currency, and all other goods, articles, products, or items of any kind. However, the term “commodity” shall not include (a) a numismatic coin whose fair market value is at least 15 percent higher than the value of the metal it contains, or (b) any work of art offered or sold by art dealers, at public auction, or through a private sale by the owner of the work of art.
commodity agricultural products grain livestock metals minerals precious metals gems gemstones fuels foreign currency numismatic coins artworks art dealers public auction
(Amended by Stats. 1991, Ch. 262, Sec. 1.)
This law explains what a 'commodity contract' is. It refers to any agreement for buying or selling commodities mainly for investment, rather than personal use. These contracts can include various types like cash contracts or futures. Unless there's proof otherwise, such contracts are assumed to be for investment purposes. However, if a contract requires the buyer to receive the actual commodity physically within 28 days after paying in full, it doesn't count as a 'commodity contract' under this definition. This condition applies if the delivery is accepted by the buyer, a family member, or someone with a business relationship, and not by the seller or their associates.
(a)CA Corporations Code § 29505(a) “Commodity contract” means any account, agreement, or contract for the purchase or sale, primarily for speculation or investment purposes and not for use or consumption by the offeree or purchaser, of one or more commodities, whether for immediate or subsequent delivery or whether delivery is intended by the parties, and whether characterized as a cash contract, deferred shipment or deferred delivery contract, forward contract, futures contract, installment or margin contract, leverage contract, or otherwise. A “commodity contract” includes a commodity option as defined in Section 29510, unless otherwise specified. Any “commodity contract” offered or sold shall, in the absence of evidence to the contrary, be presumed to be offered or sold for speculation or investment purposes.
(b)CA Corporations Code § 29505(b) A “commodity contract” shall not include any contract or agreement which requires, and under which the purchaser personally receives, or at the request of the purchaser a family member or an individual (which individual is other than the seller or any affiliate of the seller, including any officer, director, or employee of the seller or any affiliate of the seller) with whom the purchaser has a preexisting close personal or preexisting business relationship personally receives, within 28 calendar days from the full payment in good funds of the purchase price, actual physical delivery of the quantity of each commodity purchased under the contract or agreement. In the case of a seller who requires a partial payment of the total purchase price before obligating itself to actually physically deliver the quantity of each commodity purchased under the contract or agreement described in this subdivision, both the amount remaining on the total purchase price shall be paid in good funds and actual physical delivery of the quantity of each commodity purchased under the contract or agreement shall be personally received (by the purchaser or above-described individual) within 28 calendar days from the date of the partial payment in good funds. Otherwise, for the purposes of this exclusion from the definition of a “commodity contract,” a partial payment of, or an installment payment on, the purchase price is not a full payment in good funds of the purchase price.
commodity contract speculation investment purposes cash contract deferred delivery futures contract commodity option 28 calendar days physical delivery purchase price partial payment good funds offeree purchaser preexisting relationship
(Amended by Stats. 1991, Ch. 262, Sec. 2.)
This section defines 'Commodity Exchange Act' as a federal law, including any changes made to it over time, also those before or after January 1, 1991.
“Commodity Exchange Act” means the federal statute so named, as amended before or after January 1, 1991.
Commodity Exchange Act federal statute amended January 1 1991 definition commodity trading financial regulation federal law commodity markets legal term statute amendment regulatory framework federal amendments law definition historical acts
(Added by Stats. 1990, Ch. 969, Sec. 2.)
This section defines the 'Commodity Futures Trading Commission' as a regulatory agency created by Congress to oversee and manage the Commodity Exchange Act.
“Commodity Futures Trading Commission” means the independent regulatory agency established by Congress to administer the Commodity Exchange Act.
Commodity Futures Trading Commission independent regulatory agency Congress Commodity Exchange Act futures trading regulation oversight commodity markets financial regulations agency definition administration trading oversight financial compliance Commission role exchange regulation
(Added by Stats. 1990, Ch. 969, Sec. 2.)
This law defines a "CFTC Rule" as any rule, regulation, or order from the Commodity Futures Trading Commission as it was on January 1, 1991, along with any changes made after that. However, if any changes occur, the commissioner can stop those changes from applying to this law within 10 days after they take effect by issuing a rule or order.
“CFTC Rule” means any rule, regulation, or order of the Commodity Futures Trading Commission in effect on January 1, 1991, and all subsequent amendments, additions, or other revisions thereto, unless the commissioner, within 10 days following the effective date of any amendment, addition, or revision, disallows the application thereof to this law or to any provision thereof by rule or order.
CFTC Rule Commissioner authority Commodity Futures Trading Commission rule amendment regulation disallowance effective date order revision financial regulations 1991 CFTC rules commissioner's rule disallowance amendment application rule application disallowance financial law updates CFTC amendments commodity trading rules
(Added by Stats. 1990, Ch. 969, Sec. 2.)
This law defines what a 'commodity merchant' is by listing various types of people involved in the trading of commodities. These include futures commission merchants, commodity pool operators, commodity trading advisors, introducing brokers, leverage transaction merchants, and several others who are required to register with the Commodity Futures Trading Commission (CFTC).
“Commodity merchant” means any of the following, as defined or described in the Commodity Exchange Act or by CFTC Rule:
(a)CA Corporations Code § 29509(a) Futures commission merchant.
(b)CA Corporations Code § 29509(b) Commodity pool operator.
(c)CA Corporations Code § 29509(c) Commodity trading advisor.
(d)CA Corporations Code § 29509(d) Introducing broker.
(e)CA Corporations Code § 29509(e) Leverage transaction merchant.
(f)CA Corporations Code § 29509(f) An associated person of any person specified in subdivisions (a) to (d), inclusive.
(g)CA Corporations Code § 29509(g) Floor broker.
(h)CA Corporations Code § 29509(h) Any other person (other than a futures association) required to register with the Commodity Futures Trading Commission.
commodity merchant futures commission merchant commodity pool operator introducing broker leverage transaction merchant commodity trading advisor associated person floor broker CFTC registration Commodity Exchange Act CFTC Rule financial trading roles commodity trading trading advisor broker registration
(Amended by Stats. 1991, Ch. 262, Sec. 3.)
This law defines a 'commodity option' as any agreement or contract that grants someone the choice to buy or sell commodities or commodity contracts, without being obligated to do so. This definition covers many types of financial arrangements, like options or guarantees, but excludes options traded on national securities exchanges regulated by the SEC.
“Commodity option” means any account, agreement, or contract giving a party thereto the right but not the obligation to purchase or sell one or more commodities or one or more commodity contracts, or both, whether characterized as an option, privilege, indemnity, bid, offer, put, call, advance guaranty, decline guaranty, or otherwise, but shall not include an option traded on a national securities exchange registered with the United States Securities and Exchange Commission.
commodity option agreement contract buy or sell commodities financial arrangements SEC national securities exchange indemnity put call advance guaranty decline guaranty
(Added by Stats. 1990, Ch. 969, Sec. 2.)
This law defines a 'financial institution' as either a national bank, a California-incorporated bank or trust company, a federal savings and loan association, a federal savings bank, or any state-chartered bank in the U.S. that is federally insured and supervised by the state's bank regulator, especially concerning commodity deposit activities.
“Financial institution” means (a) a national bank or a bank or trust company incorporated under the laws of this state, (b) a federal savings and loan association or federal savings bank, or (c) a federally insured bank chartered by a state of the United States when the commodity depository activities of the bank are supervised by the bank regulator of that state.
financial institution national bank California bank trust company federal savings and loan association federal savings bank state-chartered bank federally insured bank commodity depository activities bank regulator supervision
(Added by Stats. 1990, Ch. 969, Sec. 2.)
In this context, 'good funds' refers to money that's confirmed to be immediately accessible, following specific guidelines set by federal Regulation CC.
“Good funds” means the verified receipt of immediately available funds according to the applicable requirements of federal Regulation CC.
good funds immediately available funds verified receipt federal Regulation CC accessible money funds verification banking regulations Regulation CC requirements immediate availability federal guidelines
(Added by Stats. 1990, Ch. 969, Sec. 2.)
This law section defines the term "offer" as not just an offer to sell or buy, but also any offer to enter into agreements related to commodities, like contracts or options.
“Offer” includes every offer to sell, offer to purchase, or offer to enter into a commodity contract or commodity option.
offer to sell offer to purchase commodity contract commodity option agreements related to commodities buying and selling commodities investment offers commodity market trading contracts option agreements
(Added by Stats. 1990, Ch. 969, Sec. 2.)
In this section, the term "person" is defined very broadly. It includes not just individual people but also corporations, partnerships, LLCs, associations, joint stock companies, trusts, unincorporated organizations, governments, and even parts of governments.
“Person” means an individual, a corporation, a partnership, a limited liability company, an association, a joint stock company, a trust, an unincorporated organization, a government, or a political subdivision of a government.
individual corporation partnership limited liability company association joint stock company trust unincorporated organization government political subdivision definition of person entity types legal personhood business entities corporate entities
(Amended by Stats. 1994, Ch. 1010, Sec. 94. Effective January 1, 1995.)
This section defines what counts as a "precious metal" under the law. The list includes silver, gold, platinum, palladium, and copper in any form, such as coins or bullion. Additionally, other items can be classified as precious metals if specified by a commissioner.
“Precious metal” means the following in either coin, bullion, or other form:
(a)CA Corporations Code § 29515(a) Silver.
(b)CA Corporations Code § 29515(b) Gold.
(c)CA Corporations Code § 29515(c) Platinum.
(d)CA Corporations Code § 29515(d) Palladium.
(e)CA Corporations Code § 29515(e) Copper.
(f)CA Corporations Code § 29515(f) Other items that the commissioner may specify by rule or order.
precious metals coin bullion silver gold platinum palladium copper commissioner classification rule or order metal forms regulation definition of metals coin collecting
(Added by Stats. 1990, Ch. 969, Sec. 2.)
This law defines the term "purchase price" as all the money that a buyer pays to a seller, or to someone else at the seller's direction, when buying a commodity contract or option. It includes any extra charges like fees, dues, deposits, or handling fees associated with the sale.
“Purchase price” means all funds paid by or on behalf of a purchaser to a seller of a commodity contract or a commodity option (or to another person at the request or direction of a seller), including, but not limited to, the sale price of a commodity, an administrative charge or fee, assessment, deposit, dues, handling charge or fee, holding charge or fee, membership charge or fee, reservation charge or fee, or any charge, fee, or other payment made or paid in connection with the sale of a commodity contract or a commodity option.
purchase price commodity contract commodity option administrative charge handling fee assessment deposit membership charge reservation fee sale price dues holding charge charge payment commodity sale
(Added by Stats. 1991, Ch. 262, Sec. 4.)
In this context, when they talk about a "sale" or "sell," it means any transaction where something is sold for value, including future agreements to sell.
“Sale” or “sell” includes every sale, contract of sale, contract to sell, or disposition, for value.
transaction contract of sale sell disposition for value agreement future sale value exchange sale definition contract terms
(Added by Stats. 1990, Ch. 969, Sec. 2.)