Blue Sky Laws


Blue Sky Laws



Background information on Blue Sky Laws

A blue sky law is a state law in the United States that regulates the offering and sale of securities to protect the public from fraud. Though the specific provisions of these laws vary between states, they all require the registration of all securities offerings and sales, as well as of stock brokers and brokerage firms. Each state's blue sky law is administered by its appropriate regulatory agency, and most also provide private causes of action for private investors who have been injured by securities fraud.

The first blue sky law was enacted in Kansas in 1911, and served as a model for similar statutes in other states. Today, the blue sky laws of 40 of the 50 states are patterned after the Uniform Securities Act of 1956. The origin of the colloquial term, "blue sky law," is obscure. Its earliest cited use was in an opinion by U.S. Supreme Court Justice Joseph McKenna in Hall v. Geiger-Jones Co., 242 U.S. 539 (1917), a case that addressed the constitutionality of state securities laws. Though McKenna is frequently given credit for inventing the term, his opinion in Hall attributes it to an unnamed, earlier source:

The name that is given to the law indicates the evil at which it is aimed, that is, to use the language of a cited case, "speculative schemes which have no more basis than so many feet of 'blue sky'"; or, as stated by counsel in another case, "to stop the sale of stock in fly-by-night concerns, visionary oil wells, distant gold mines and other like fraudulent exploitations." Even if the descriptions be regarded as rhetorical, the existence of evil is indicated, and a belief of its detriment; and we shall not pause to do more than state that the prevention of deception is within the competency of government and that the appreciation of the consequences of it is not open for our review.

Historically, the federal securities laws and the state blue sky laws complemented and often duplicated one another. Much of the duplication, especially with regards to registration of securities and the regulation of brokers and advisors, was largely pre-empted by the SEC with the National Securities Markets Improvement Act of 1996 (NSMIA). This act, however, left some regulation of investment advisors and much of the fraud litigation under state jurisdiction. In 1998, state law securities fraud claims were expressly preempted by the Securities Litigation Uniform Standards Act from being raised in lawsuits that were effectively class actions by investors, even if not filed as class actions.

The Blue Sky Reporter published by CCH, Inc. gives regular updates on state securities statutes and regulations; CCH also publishes several other "Blue Sky" digests and desk volumes.





CHC Announces Cash Tender Offer and Related Consent Solicitation ...  -  May 27, 2008
FOXBusinessIn any jurisdiction in which the securities laws or blue sky laws require the Offer and the Consent Solicitation to be made by a licensed broker or dealer,

ResCap Announces Receipt of Requisite Consents and Extension of ...  -  May 19, 2008
FOXBusinessIn any jurisdiction in which the securities laws or blue sky laws require the offers to be made by a licensed broker or dealer, the offers will be deemed to

Clear Channel Announces Extensions to its Offer Expiration Date ...  -  May 1, 2008
FOXBusinessIn any jurisdiction in which the securities laws or blue sky laws require the tender offers and consent solicitations to be made by a licensed broker or

Finavera Renewables Increases United States Presence With S&P's ...  -  May 23, 2008
FOXBusiness...inclusion in S&P's "Corporation Records" which is a recognized securities manual for secondary trading in 38 States in the US under the Blue Sky Laws.

ResCap Commences Private Exchange Offers and Cash Tender Offers ...  -  May 5, 2008
FOXBusinessIn any jurisdiction in which the securities laws or blue sky laws require the offers to be made by a licensed broker or dealer, the offers will be deemed to

Finavera Renewables Increases United States Presence With S&P's ...  -  May 23, 2008
istockAnalyst.com,...inclusion in S&P's "Corporation Records" which is a recognized securities manual for secondary trading in 38 States in the US under the Blue Sky Laws.

INTERNET LAW - OHIO STATE FRAMEWORK FOR COMBATING INTERNET ...  -  May 21, 2008
IBLS INTERNET LAW (subscription),...to constituting a consumer fraud, investment frauds fall under the general aegis of Ohio’s state securities laws, commonly known as blue sky laws.

Composite Technology Places Equity With Credit Suisse  -  May 9, 2008
CNNMoney.comThe offering has not been registered under the Securities Act or any state securities of "blue sky" laws, and the securities may not be offered or sold

AES Commences Cash Tender Offer for Its Senior Notes and a Consent ...  -  May 14, 2008
Business Wire (press release),...in such the making or acceptance thereof would not be in compliance with the securities or blue sky laws or other laws of such jurisdiction.

Omagine, Inc. Information to be Available Through S&P Market ...  -  May 5, 2008
FOXBusinessNews section of Standard Corporation Records, a recognized securities manual for secondary trading in approximately 38 states under the Blue Sky Laws.

VeruTEK Technologies Announces $6 Million in Equity Financing  -  May 15, 2008
Nanotechnology News (press release)...of "blue sky" laws, and the securities may not be offered or sold absent registration or an applicable exemption from registration requirements.

Navidec Financial Services, Inc. Information Available Through S&P ...  -  May 2, 2008
Denver Post,News section of Standard Corporation Records, a recognized securities manual for secondary trading in approximately 38 states under the Blue Sky Laws.

OncoVista Innovative Therapies'  -  May 8, 2008
Ad-Hoc-News (Pressemitteilung),News section of Standard Corporation Records, a recognized securities manual for secondary trading in approximately 38 states under the Blue Sky Laws.

Clear Channel Announces Tender Offers and Consent Solicitations ...  -  Dec 17, 2007
WELT ONLINE,In any jurisdiction in which the securities laws or blue sky laws require the tender offers and consent solicitations to be made by a licensed broker or

ResCap Announces Extension of the Early Tender Time of its Cash ...  -  Dec 6, 2007
PR Newswire (press release),In any jurisdiction in which the securities laws or blue sky laws require the tender offer to be made by a licensed broker or dealer, the tender offer will

Coherent Common Stock to be Suspended From Trading on NASDAQ on ...  -  Dec 18, 2007
CNNMoney.com...of state securities or "blue sky" laws, which adds substantial compliance costs to securities issuances, including pursuant to employee option plans,

IntelliHome Inc. Information to Be Available Through S&P ...  -  Dec 3, 2007
Business Wire (press release),News Section of Standard Corporation Records, a recognized securities manual for secondary trading in approximately 38 states under the Blue Sky Laws.

Even with backdating backlash, classic stock option still in vogue  -  Dec 7, 2007
WTN News,For example, you must make sure you do not run afoul of securities laws because the stock option can be subject to regulation under both state blue sky laws

push the needle you desk jockey: a guide to office speak  -  Nov 23, 2007
Independent,...birt as a sort of full-time blue-sky-thinker. there is much dispute over where it originates from. some suppose the phrase comes from "blue sky laws",

rescap commences cash tender offer for us$750 million aggregate ...  -  Nov 21, 2007
news aktuell (Pressemitteilung),...blue sky or other laws of such jurisdiction. in any jurisdiction in which the securities laws or blue sky laws require the tender offer to be made by a

hydralogic systems inc. stock approved for trading on us pink ...  -  Nov 21, 2007
Earthtimes,...a recognized securities manual for secondary trading in approximately 38 us states under the blue sky laws. the combination of pink sheet trading and

jenex approved for publication by standard & poor's  -  Oct 30, 2007
Canada NewsWire (press release),...a securities manual for secondary trading in approximately 38 states under blue sky laws. jenex president michael jenkins commented: "we are immensely

Hilton Announces US Dollar Price for Its Tender Offer and Related ...  -  Oct 22, 2007
Business Wire (press release),In any jurisdiction in which the securities laws or blue sky laws require the tender offers and consent solicitations to be made by a licensed broker or

Cash Tender Offers and Related Consent Solicitation Commenced for ...  -  Oct 15, 2007
CNNMoney.comIn any jurisdiction in which the securities laws or blue sky laws require the Offers and Consent Solicitation to be made by a licensed broker or dealer,

iptimize Dramatically Increases Stock Visibility and Accessibility ...  -  Oct 3, 2007
Market Wire (press release)...of Standard & Poor's Corporation Records, a recognized securities manual for secondary trading in approximately 38 states under the Blue Sky Laws.

Black Diamond Brands Corp. Clears Blue Sky Laws in Approximately ...  -  Jul 31, 2007
Market Wire (press release)News section of Standard Corporation Records, recognized securities manual for secondary trading in approximately 38 states under the Blue Sky Laws.

First Data Announces Receipt of Requisite Consents Pursuant to its ...  -  Aug 20, 2007
dBusinessNews Denver (press release),In any jurisdiction in which the securities laws or blue sky laws require the tender offers and consent solicitations to be made by a licensed broker or

Spirit Exploration, Inc. Hires Auditors, Plans on Becoming a Fully ...  -  Aug 7, 2007
Earthtimes.org...with broker-dealer requirements under state and federal securities laws, as well as to properly qualify securities under various state "blue sky" laws.

Saturn Minerals Inc. to Be Available Through Standard & Poor's ...  -  Aug 9, 2007
Market Wire (press release)...the Daily News section of Standard Corporation Records, a recognized securities manual for secondary trading in up to 38 states under the Blue Sky Laws.

ProLink Solutions Announces Approval for Listing in Mergent ...  -  Apr 3, 2007
Earthtimes.orgHowever, it is recommended that brokers confirm with their compliance/legal department concerning "Blue Sky" laws in specific states and other regulatory

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