LD 509
pg. 29
Page 28 of 183 An Act To Adopt the Maine Uniform Securities Act Page 30 of 183
Download Bill Text
LR 441
Item 1

 
14. Section 102(12): Insurance company: No Prior Provision.
This definition is based on Securities Act of 1933 Section
2(a)(13).

 
15. Section 102(13): Insured: Prior Provision: RUSA Section
401(a)(2). The RUSA definition of "insured," which was solely
applicable to exempt securities, applied to the insurance of "all
or substantially all of principal, interest, or dividends."
Section 102(13) is applicable generally but is limited to
"payment of all principal and all interest."

 
16. Section 102(14): International banking institution: No
Prior Provision. Securities issued or guaranteed by the
International Bank for Reconstruction and Development, 22 U.S.C.
Section 286k-1(a); the Inter-American Development Bank, 22 U.S.C.
Section 283h(a); the Asian Development Bank, 22 U.S.C. Section
285h(a); the African Development Bank, 22 U.S.C. Section 290i-9;
and the International Finance Corporation, see 22 U.S.C. Section
282k; are treated as exempt securities under Section 3(a)(2) of
the Securities Act of 1933, see generally 3 Louis Loss & Joel
Seligman, Securities Regulation 1191-1194 (3d ed. rev. 1999), and
are within this term.

 
17. Section 102(15): Investment adviser: Prior Provisions:
1956 Act Section 401(f); RUSA Section 101(7). This term generally
follows the definition in Section 202(a)(11) of the Investment
Advisers Act of 1940, but has been updated to take into account
new media such as the Internet.

 
The first sentence in Section 102(15) is identical to the
first sentence in the 1956 Act Section 401(f) and the counterpart
language in Section 202(a)(11). The RUSA definition deleted the
phrases "either directly or through publications or writings" and
"regular" before business. These terms have been returned to
Section 102(15) because of the intention that this definition be
construed uniformly with the definition in Section 202(a)(11) of
the Investment Advisers Act of 1940. This first sentence would
not reach the author of a book who did not receive compensation
as part of a regular business for providing investment advice.

 
The second sentence in the term addressing financial planners
is new. The purpose of this sentence is to achieve functional
regulation of financial planners who satisfy the definition of
investment adviser. Cf. Investment Advisers Act Release 1092, 39
SEC Dock. 494 (1987) (similar approach in Securities and Exchange
Commission interpretative Release). This reference is not
intended to preclude persons who hold a formally recognized
financial planning or consulting designation or certification
from using this designation. The use by a person of a title,
designation or certification as a financial planner or


Page 28 of 183 Top of Page Page 30 of 183