Del. Code tit. 6 § 73-201

Current through 2024 Legislative Session Act Chapter 269

Section 73-201 - Employment of manipulative and deceptive devices

It is unlawful for any person, in connection with the offer, sale or purchase of any security, directly or indirectly:

(1) To employ any device, scheme or artifice to defraud;

(2) To make any untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading; or

(3) To engage in any act, practice or course of business which operates or would operate as a fraud or deceit upon any person.

In interpreting this Section, courts will be guided by the interpretations given by Federal Courts to similar language set forth in Section 17(a) of the Securities Act of 1933 and Rule 10b-5 promulgated under the Securities Exchange Act of 1934, to include, without limitation, any difference in pleading requirements governing actions brought by securities regulators as opposed to private litigants.

6 Del. C. § 73-201

Amended by Laws 2023 , ch. 230, s 4, eff. 9/21/2023.

Amended by Laws 2013 , ch. 182, s 4, eff. 9/10/2013.

6 Del. C. 1953, § 7303; 59 Del. Laws, c. 208, § 1; 68 Del. Laws, c. 181, §16; 78 Del. Laws, c. 175, §§ 118, 122.;