LD 509
pg. 16
Page 15 of 183 An Act To Adopt the Maine Uniform Securities Act Page 17 of 183
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LR 441
Item 1

 
16.__Investment adviser representatives. "Investment adviser
representatives" means individuals employed by or associated with
an investment adviser or federal covered investment adviser and
who make any recommendations or otherwise give investment advice
regarding securities, manage accounts or portfolios of clients,
determine which recommendation or advice regarding securities
should be given, provide investment advice or hold themselves out
as providing investment advice, receive compensation to solicit,
offer or negotiate for the sale of or for selling investment
advice or supervise employees who perform any of the foregoing.
"Investment adviser representatives" does not include individuals
who:

 
A.__Perform only clerical or ministerial acts;

 
B.__Are agents whose performance of investment advice is
solely incidental to the individuals acting as agents and
who do not receive special compensation for investment
advisory services;

 
C.__Are employed by or associated with a federal covered
investment adviser, unless the individuals have a "place of
business" in this State as that term is defined by rule
adopted under Section 203A of the federal Investment
Advisers Act of 1940, 15 United States Code, Section 80b-3a,
and are:

 
(1)__"Investment adviser representatives" as that term
is defined by rule adopted under Section 203A of the
federal Investment Advisers Act of 1940, 15 United
States Code, Section 80b-3a; or

 
(2)__Not "supervised persons" as that term is defined
in Section 202(a)(25) of the federal Investment
Advisers Act of 1940, 15 United States Code, Section
80b-2(a)(25); or

 
(D)__Are excluded by rule adopted or order issued under this
chapter.__Rules adopted pursuant to this paragraph are
routine technical rules as defined in Title 5, chapter 375,
subchapter 2-A.

 
17.__Issuer. "Issuer" means a person that issues or proposes
to issue a security, subject to the following:

 
A.__The issuer of a voting trust certificate, collateral trust
certificate, certificate of deposit for a security or share in an
investment company without a board of directors or individuals
performing similar functions is the person performing the acts
and assuming the duties of depositor or


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