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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. |
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| | 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. |
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| §16510.__Rescission offers |
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| | 1.__Requirements.__A purchaser, seller or recipient of | investment advice may not maintain an action under section 16509 | if: |
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| A.__The purchaser, seller or recipient of investment advice | receives in a record, before the action is instituted: |
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| (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; |
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| (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; |
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| (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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