LD 509
pg. 67
Page 66 of 94 PUBLIC Law Chapter 65 Page 68 of 94
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LR 441
Item 1

 
A.__The purchaser, seller or recipient of investment advice
receives in a record, before the action is instituted:

 
(1) An offer stating the respect in which liability
under section 16509 may have arisen and fairly advising
the purchaser, seller or recipient of investment advice
of that person's rights in connection with the offer
and any financial or other information necessary to
correct all material misrepresentations or omissions in
the information that was required by this chapter to be
furnished to that person at the time of the purchase,
sale or investment advice;

 
(2) If the basis for relief under this section may have
been a violation of section 16509, subsection 2, an
offer to repurchase the security for cash, payable on
delivery of the security, equal to the consideration
paid and interest at the legal rate of interest from
the date of the purchase, less the amount of any income
received on the security, or, if the purchaser no
longer owns the security, an offer to pay the purchaser
upon acceptance of the offer damages in an amount that
would be recoverable upon a tender, less the value of
the security when the purchaser disposed of it and
interest at the legal rate of interest from the date of
the purchase in cash equal to the damages computed in
the manner provided in this subsection;

 
(3) If the basis for relief under this section may have
been a violation of section 16509, subsection 3, an
offer to tender the security, on payment by the seller
of an amount equal to the purchase price paid, less
income received on the security by the purchaser and
interest at the legal rate of interest from the date of
the sale, or, if the purchaser no longer owns the
security, an offer to pay the seller upon acceptance of
the offer, in cash, damages in the amount of the
difference between the price at which the security was
purchased and the value the security would have had at
the time of the purchase in the absence of the
purchaser's conduct that may have caused liability and
interest at the legal rate of interest from the date of
the sale;

 
(4) If the basis for relief under this section may have
been a violation of section 16509, subsection 4, an
offer to pay as specified in subparagraph (2) if the
customer is a purchaser or an offer to tender or to pay
as specified in subparagraph (3) if the customer is a
seller;


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