Enterprise corruption; limitations

§ 460.25 Enterprise corruption; limitations.

1. For purposes of subdivision one of section 460.20 of this article, a person does not acquire or maintain an interest in an enterprise by participating in a pattern of criminal activity when he invests proceeds derived from a pattern of criminal activity in such enterprise.

2. For purposes of subdivision one of section 460.20 of this article, it shall not be unlawful to:

(a) purchase securities on the open market with intent to make an investment, and without the intent of controlling or participating in the control of the issuer, or of assisting another to do so, if the securities of the issuer held by the purchaser, the members of his immediate family, and his or their accomplices in any pattern of criminal activity do not amount in the aggregate to five percent of the outstanding securities of any one class and do not confer, either in the law or in fact, the power to elect one or more directors of the issuer;

(b) make a deposit in an account maintained in a savings and loan association, or a deposit in any other such financial institution, that creates an ownership interest in that association or institution;

(c) purchase shares in co-operatively owned residential or commercial property;

(d) purchase non-voting shares in a limited partnership, with intent to make an investment, and without the intent of controlling or participating in the control of the partnership.