LD 509
pg. 128
Page 127 of 183 An Act To Adopt the Maine Uniform Securities Act Page 129 of 183
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LR 441
Item 1

 
7. There is no private cause of action, express or implied,
under Section 501. Section 509(m) expressly provides that only
Section 509 provides a private cause of action for conduct that
could violate Section 501.

 
Maine Comments

 
1. Official Comment 5 states that because section 501
"reaches market manipulation" the model Uniform Securities Act
did not contain a separate section on market manipulation. For
this reason, Maine does not retain section 10202 of the Revised
Maine Securities Act, which set forth certain prohibited
practices relating to market manipulation. However, the conduct
described in former section 10202, set out below, would result
in liability under this section.

 
Without limiting the general applicability of section 10201, a
person may not:

 
1. Fictitious quotations. Quote a fictitious price with
respect to a security;

 
2. No change in beneficial ownership. Effect a transaction
in a security that involves no change in the beneficial
ownership of the security for the purpose of creating a
false or misleading appearance of active trading in a
security or with respect to the market for the security;

 
3. Orders for purchases. Enter an order for the purchase of
a security with the knowledge that an order of substantially
the same size and at substantially the same time and price
for the sale of the security has been, or will be, entered
by or for the same, or affiliated, person for the purpose of
creating a false or misleading appearance of active trading
in a security or with respect to the market for the
security;

 
4. Orders for sale. Enter an order for the sale of a
security with the knowledge that an order of substantially
the same size and at substantially the same time and price
for the purchase of the security has been, or will be,
entered by or for the same, or affiliated, person for the
purpose of creating a false or misleading appearance of
active trading in a security or with respect to the market
for the security; or

 
5. Deceptive practices. Employ any other deceptive or
fraudulent device, scheme or artifice to manipulate the
market in a security.


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