LD 509
pg. 40
Page 39 of 94 PUBLIC Law Chapter 65 Page 41 of 94
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LR 441
Item 1

 
United States Department of the Treasury, Office of Thrift
Supervision or Comptroller of the Currency.

 
3.__Limits on employment or association.__It is unlawful for a
broker-dealer, or for an issuer engaged in offering, offering to
purchase, purchasing or selling securities in this State,
directly or indirectly, to employ or associate with an individual
to engage in an activity related to securities transactions in
this State if the license of the individual is suspended or
revoked or the individual is barred from employment or
association with a broker-dealer, an issuer, an investment
adviser or a federal covered investment adviser by an order of
the administrator under this chapter, the Securities and Exchange
Commission or a self-regulatory organization. A broker-dealer or
issuer does not violate this subsection if the broker-dealer or
issuer sustains the burden of proof that the broker-dealer or
issuer did not know and in the exercise of reasonable care could
not have known of the suspension, revocation or bar. Upon request
from a broker-dealer or issuer and for good cause, an order under
this chapter may modify or waive, in whole or in part, the
application of the prohibitions of this subsection to the broker-
dealer.

 
4.__Foreign transactions.__A rule adopted or order issued
under this chapter may permit:

 
A.__A broker-dealer that is registered or licensed in Canada
or other foreign jurisdiction and that does not have a place
of business in this State to effect transactions in
securities with or for, or attempt to effect the purchase or
sale of any securities by:

 
(1) An individual from Canada or other foreign
jurisdiction who is temporarily present in this State
and with whom the broker-dealer had a bona fide
customer relationship before the individual entered the
United States;

 
(2) An individual from Canada or other foreign
jurisdiction who is present in this State and whose
transactions are in a self-directed tax advantaged
retirement plan of which the individual is the holder
or contributor in that foreign jurisdiction; or

 
(3) An individual who is present in this State with
whom the broker-dealer customer relationship arose
while the individual was temporarily or permanently
resident in Canada or the other foreign jurisdiction;
and


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