LD 509
pg. 164
Page 163 of 183 An Act To Adopt the Maine Uniform Securities Act Page 165 of 183
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LR 441
Item 1

 
4.__Public disclosure for enforcement purposes.__The administrator
may disclose to the public any information obtained in connection
with an investigation that would otherwise be nonpublic
information, but only if the administrator determines that
disclosure is necessary for the protection of investors or the
public.

 
Official Comments

 
Prior Provisions: RUSA Section 703; SEC Rule Section
200.80(b)(4); Securities Exchange Act of 1934 Sections 24(d) and
(e).

 
1. Section 607(a) reflects the extensive development of
freedom of information and open records laws since the 1956 Act
was adopted.

 
2. Section 607(b) may insulate from public disclosure records
or other information that may be available under a state freedom
of information or open records act. Unless the state freedom of
information or open records act implements a constitutional
provision, this Act as the later and more specific enactment
should control as a matter of statutory construction. A state may
amend its freedom of information act, open records act or this
section to eliminate any inconsistencies.

 
3. Records and other information obtained by an administrator
in connection with an audit or inspection under subsection 411(d)
or an investigation under Section 602 may be made public in the
enforcement action, even if records and other information would
otherwise be subject to subsection 607(b)(1).

 
4. An administrator may orally disclose information under
Section 607(c) to a person specified in Section 608(a) for the
purposes specified in Section 607(c).

 
Maine Comments

 
1. Section 16607(2)(G-I): Maine has added these paragraphs
based on SEC rules that had been referenced in the predecessor
act.

 
§16608.__Uniformity and cooperation with other agencies

 
1.__Objective of uniformity and cooperation.__The
administrator may, in the administrator's discretion, cooperate,
coordinate, consult and, subject to section 16607, share records
and information with the securities regulator of another state,


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