LD 509
pg. 36
Page 35 of 94 PUBLIC Law Chapter 65 Page 37 of 94
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LR 441
Item 1

 
A.__The registration statement as of its effective date or
before the effective date in the case of an order denying
effectiveness, an amendment under section 16305, subsection
10 as of its effective date or a report under section 16305,
subsection 9 is incomplete in a material respect or contains
a statement that, in the light of the circumstances under
which it was made, was false or misleading with respect to a
material fact;

 
B.__This chapter or a rule adopted or order issued under
this chapter or a condition imposed under this chapter has
been willfully violated, in connection with the offering, by
the person filing the registration statement; by the issuer,
a partner, officer or director of the issuer or a person
having a similar status or performing a similar function or
a promoter of the issuer or a person directly or indirectly
controlling or controlled by the issuer, but only if the
person filing the registration statement is directly or
indirectly controlled by or acting for the issuer; or by an
underwriter;

 
C.__The security registered or sought to be registered is
the subject of a permanent or temporary injunction of a
court of competent jurisdiction or an administrative stop
order or similar order issued under any federal, foreign or
state law other than this chapter applicable to the
offering, but the administrator may not institute a
proceeding against an effective registration statement under
this paragraph more than one year after the date of the
order or injunction on which it is based, and the
administrator may not issue an order under this paragraph on
the basis of an order or injunction issued under the
securities act of another state unless the order or
injunction was based on conduct that would constitute, as of
the date of the order, a ground for a stop order under this
section;

 
D.__The issuer's enterprise or method of business includes
or would include activities that are unlawful where
performed;

 
E.__With respect to a security sought to be registered under
section 16303, there has been a failure to comply with the
undertaking required by section 16303, subsection 2,
paragraph D;

 
F.__The applicant or registrant has not paid the filing fee,
but the administrator shall void the order if the deficiency
is corrected; or


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