LD 509
pg. 69
Page 68 of 183 An Act To Adopt the Maine Uniform Securities Act Page 70 of 183
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LR 441
Item 1

 
1. Under this type of authority, 50 of 53 jurisdictions
through September 2002 had adopted the Uniform Limited Offering
Exemption (ULOE) or a Regulation D exemption, and 32
jurisdictions had adopted a Rule 144A exemption. This Act does
not incorporate ULOE or a Rule 144A exemption because of their
complexity and the likelihood of periodic updating of their
provisions. Rule 144A, and similar exemptions in ULOE, can be
most effectively implemented by rule rather than statute.

 
2. Under Section 203 a state would also be authorized to
adopt by rule or order new exemptions as circumstances warrant
for new technologies such as the Internet. Cf. NASAA Resolution
Regarding Securities Offered on Internet, NASAA Rep. ¶7040 (Jan.
7, 1996).

 
3. It is the intent of this Section that ULOE, Rule 144A, and
additional exemptions or waivers be adopted uniformly by states,
to the extent this is practicable.

 
§16204. Denial, suspension, revocation, condition or limitation
of

 
exemptions

 
1.__Enforcement related powers.__Notwithstanding the Maine
Administrative Procedure Act, an order under this chapter may
deny, suspend application of, condition, limit or revoke an
exemption created under section 16201, subsection 3, paragraph C,
section 16201, subsection 7 or 8 or section 16202 or an exemption
or waiver created under section 16203 with respect to a specific
security, transaction or offer if the administrator finds that
the order is consistent with the public interest and the
protection of the public. An order under this section may be
issued only pursuant to the procedures in section 16306,
subsection 4 or section 16604 and only prospectively.

 
2.__Knowledge of order required.__A person does not violate
section 16301, sections 16303 to 16306, section 16504 or section
16510 by an offer to sell, offer to purchase, sale or purchase
effected after the entry of an order issued under this section if
the person did not know, and in the exercise of reasonable care
could not have known, of the order.

 
Official Comments

 
Prior Provisions: 1956 Act Section 402(c); RUSA Section 404.

 
1. Section 204 is potentially far reaching. The ability to
deny, condition, limit, or revoke the exemptions specified in
Sections 201(3)(C), 201(7), 201(8), 202, or 203 is adopted
concomitant with the breadth of these exemptions. One or more


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