Mississippi § 75-71-701 - Application of chapter to existing proceeding and existing rights and duties.

§ 75-71-701. Application of chapter to existing proceeding and existing rights and duties.

Applicability of predecessor chapter to pending proceedings and existing rights.The predecessor chapter exclusively governs all actions or proceedings that are pending on January 1, 2010, or may be instituted on the basis of conduct occurring before January 1, 2010, but a private civil action may not be maintained to enforce any liability under the predecessor chapter unless instituted within any period of limitation that applied when the cause of action accrued or within five (5) years after January 1, 2010, whichever is earlier. This time limitation shall not apply to a civil enforcement action or an administrative enforcement action instituted by the administrator under Section 75-71-603 or Section 75-71-604. Continued effectiveness under predecessor chapter.All effective registrations under the predecessor chapter, all administrative orders relating to the registrations, rules, statements of policy, interpretative opinions, declaratory rulings, no-action determinations, and conditions imposed on the registrations under the predecessor chapter remain in effect while they would have remained in effect if this chapter had not been enacted. They are considered to have been filed, issued, or imposed under this chapter, but are exclusively governed by the predecessor chapter. Applicability of predecessor chapter to offers or sales.The predecessor chapter exclusively applies to an offer or sale made within one (1) year after January 1, 2010, pursuant to an offering made in good faith before January 1, 2010, on the basis of an exemption available under the predecessor chapter. For the purposes of this chapter, “predecessor chapter” means Chapter 71 of Title 75, Mississippi Code of 1972, as it existed on December 31, 2009.