LD 1489
pg. 5
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LR 1912
Item 1

 
Sec. 20. 32 MRSA §10504, sub-§1, as amended by PL 1999, c. 279, §9, is
further amended to read:

 
1. Filing of sales and advertising literature. The
administrator, by rule or order, may require the filing of any a
prospectus, pamphlet, circular, form letter, advertisement or
other sales literature or, advertising communication or business
plan addressed or intended for distribution to prospective
investors, including clients or prospective clients of an
investment adviser, unless the security is a federal covered
security or the security or transaction qualifies for an
exemption under section 10502, subsection 2, paragraphs A to R
for which the filing of a notice with the administrator is not
required.

 
Sec. 21. 32 MRSA §10505, sub-§4, as enacted by PL 1997, c. 168, §28,
is repealed.

 
Sec. 22. 32 MRSA §10505, sub-§4-A is enacted to read:

 
4-A.__Fees nonrefundable.__If a notice filing required
pursuant to this section is withdrawn, abandoned or the subject
of a stop order, the administrator shall retain the fee paid.__A
notice filing may be considered abandoned if the administrator
has not received a response to inquiries or deficiency notices
for a period of at least 120 days.__The administrator shall send
an abandonment notice to the last known address of the filer.__
The filer must respond to the abandonment notice within 30 days
to avoid an abandonment determination.__The abandonment of a
filing does not preclude the filing of a subsequent exemption or
notice filing.

 
Sec. 23. 32 MRSA §10701, sub-§5, as amended by PL 1989, c. 542, §55,
is further amended to read:

 
5. Disclosure for enforcement purposes. The administrator
may disclose any information obtained in connection with an
investigation pursuant to section 10601 that would otherwise be
nonpublic information to the securities agencies and
administrators specified in section 10702, subsection 1, but only
if disclosure is required for the purpose of a civil,
administrative or criminal enforcement investigation and the
requesting agency certifies that under applicable law reasonable
protections exist to preserve the integrity, confidentiality and
security of the information, comparable to the protections
existing under the laws of this State.

 
Sec. 24. 32 MRSA §10701, sub-§5-A is enacted to read:


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