LD 509
pg. 155
Page 154 of 183 An Act To Adopt the Maine Uniform Securities Act Page 156 of 183
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LR 441
Item 1

 
disgorgement directed to a person that has engaged in an
act, practice or course of business constituting a
violation of this chapter or the predecessor act or a
rule adopted or order issued under this chapter or the
predecessor act; and

 
(4) Ordering the payment of prejudgment and
postjudgment interest; or

 
C.__Order such other relief as the court considers
appropriate.

 
3.__No bond required.__The administrator is not required to
post a bond in an action or proceeding under this chapter.

 
4.__Securities agency of another state.__Upon a showing by the
administrator or securities agency of another state that a person
has violated any provision of the securities act of that state or
any rule or order of the administrator or securities agency of
that state, the Superior Court may grant appropriate legal and
equitable remedies.

 
Official Comments

 
Prior Provisions: 1956 Act Section 408; RUSA Section 603

 
1. Section 408 of the 1956 Act was limited to injunctions.
This Section follows RUSA in broadening the civil remedies
available when the administrator believes that a violation has
occurred. A primary purpose of a broad range of potential
sanctions is to enable administrators to better tailor
appropriate sanctions to particular misconduct.

 
2. The administrator alternatively may proceed to seek
administrative enforcement under Section 604; to deny, suspend,
or revoke a securities registration under Section 306; or to
deny, suspend, revoke, or take other action against a broker-
dealer, agent, investment adviser, or investment adviser
representative registration under Section 412.

 
3. Constitutional due process considerations can also be
addressed by rulemaking or incorporation of the applicable
administrative procedure act provisions of each jurisdiction. The
term "upon a proper showing" has a settled meaning in the federal
securities laws. See, e.g., Securities Act of 1933 Section 20(b).

 
4. As with Sections 509(g)(3) and (4), materially aid in
Section 603(a) does not include ministerial or clerical acts.


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