LD 509
pg. 144
Page 143 of 183 An Act To Adopt the Maine Uniform Securities Act Page 145 of 183
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LR 441
Item 1

 
reaches all partners who have management responsibilities, as
opposed to those partners who participate only as passive
investors. Whether a partner (or person having a similar status or
performing similar functions) is subject to potential derivative
liability should be based on the facts and circumstances in each
case and not on the person's title.

 
2. Section 16509(10)(A): The model Uniform Securities Act
allowed a one-year statute of limitation for purchaser lawsuits
involving unregistered securities or unlicensed conduct. To
better protect investors, Maine has retained the 2-year statute
of limitations found in the Revised Maine Securities Act.

 
§16510.__Rescission offers

 
1.__Requirements.__A purchaser, seller or recipient of
investment advice may not maintain an action under section 16509
if:

 
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


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