Wash. Rev. Code § 19.310.120

Current through the 2024 Regular Session
Section 19.310.120 - Prima facie evidence of fraud-Violations-Penalty-Cure for violations
(1) Failure to fulfill the requirements under RCW 19.310.040 constitutes prima facie evidence that the exchange facilitator intended to defraud a client who suffered a subsequent loss of the asset entrusted to the exchange facilitator.
(2) A person who engages in business as an exchange facilitator and who knowingly violates RCW 19.310.100(1) through (9) or fails to comply with the requirements under RCW 19.310.040 is guilty of a class B felony under chapter 9A.20 RCW. However, an exchange facilitator is not guilty of a class B felony for failure to comply with the requirements under RCW 19.310.040 if:
(a) Failure to comply is due to the cancellation or amendment of the fidelity bond by the bond issuer; and
(b) the exchange facilitator:
(i) Within thirty days, takes all reasonable steps to comply with the requirements under RCW 19.310.040; and
(ii) Deposits any new exchange funds into a qualified escrow account or qualified trust until a fidelity bond is obtained that meets the requirements under RCW 19.310.040(1)(a)(i).

RCW 19.310.120

Amended by 2013 c 228,§ 7, eff. 7/28/2013.
Amended by 2012 c 34,§ 4, eff. 6/7/2012.
2009 c 70 § 13.

Findings- 2012 c 34: See note following RCW 19.310.040.