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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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