LD 472
pg. 5
Page 4 of 6 An Act to Amend the Revised Maine Securities Act Page 6 of 6
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LR 1029
Item 1

 
C. Bar that person from association with any issuer,
licensed broker-dealer or investment adviser in this State,
but in each case only after compliance with section 10708,
subsection 6;

 
Sec. 16. 32 MRSA §10602, sub-§3, as enacted by PL 1991, c. 82, §9, is
amended to read:

 
3. Liability of control persons. In an administrative action
brought by the administrator, or a civil action brought by the
Attorney General for a violation of any provision of this Act or
any rule or order adopted or issued by the administrator pursuant
to this Act, every person who directly or indirectly controls
another person liable for the violation, every partner, officer
or director of that other person, every person occupying a
similar status or performing similar functions, every employee of
that other person who materially aids in the act or transaction
constituting the violation and every broker-dealer or sales
representative who materially aids in the act or transaction
constituting the violation is liable to the same extent as that
other person, unless the person otherwise secondarily liable
under this Act proves that the person did not know, and in the
exercise of reasonable care could not have known, of the
existence of the facts by reason of which the liability is
alleged to exist. Any of the remedies authorized by section
10603, subsections 1 and 2 may be granted with respect to a
person secondarily liable under this subsection. This subsection
is not intended to abrogate any right to contribution that may
exist at common law with respect to an award of restitution.

 
Sec. 17. 32 MRSA §10702, sub-§1, as amended by PL 1989, c. 542, §57,
is further amended to read:

 
1. Cooperation. The administrator and the employees of the
administrator may cooperate, including bearing the expense of the
cooperation, with the securities agencies or securities
administrator of another state or Canadian province or territory
or another country, the United States Securities and Exchange
Commission, the United States Commodity Futures Trading
Commission, the Federal Trade Commission, the United States
Securities Investor Protection Corporation, any self-regulatory
organization established under the United States Securities
Exchange Act of 1934 or the United States Commodity Exchange Act,
any national or international organization of securities
officials or agencies and any governmental law enforcement
agency.


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