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| 1. The model Uniform Securities Act contained a provision | (section 602(e)) that Maine wholly rejected. Maine thus moved up | subsection (f) of the model act to become section 16602(5). |
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| | 2. Maine does not concur with the implications in Official | Comment 7 as to federal limitations on the State's visitorial | powers. There is ongoing litigation and disagreement over the | scope and applicability of such limitations. |
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| §16603.__Civil enforcement |
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| | 1.__Civil action instituted by administrator.__If the | administrator believes that a person has engaged, is engaging or | is about to engage in an act, practice or course of business | constituting a violation of this chapter or a rule adopted or | order issued under this chapter or that a person has, is or is | about to engage in an act, practice or course of business that | materially aids a violation of this chapter or a rule adopted or | order issued under this chapter, the administrator may request | that the Attorney General bring an action in the Superior Court | of the county in which the person resides or has the principal | place of business or in the Superior Court of Kennebec County to | enjoin the act, practice or course of business and to enforce | compliance with this chapter or a rule adopted or order issued | under this chapter. |
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| | 2.__Relief available.__In an action under this section and on | a proper showing, the court may: |
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| A.__Issue a permanent or temporary injunction, restraining | order or declaratory judgment; |
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| B.__Order other appropriate or ancillary relief, which may | include: |
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| (1) An asset freeze, accounting, writ of attachment, | writ of general or specific execution and appointment | of a receiver or conservator, which may be the | administrator, for the defendant or the defendant's | assets; |
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| (2) Ordering the administrator to take charge and | control of a defendant's property, including investment | accounts and accounts in a depository institution, | rents and profits, to collect debts and to acquire and | dispose of property; |
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| (3) Imposing a civil fine not to exceed $10,000 per violation or | an order of rescission, restitution or |
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