LD 509
pg. 2
Page 1 of 183 An Act To Adopt the Maine Uniform Securities Act Page 3 of 183
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LR 441
Item 1

 
Nonetheless several sections of this Act are identical or
substantively identical to sections of the 1956 Act or RUSA. It is
not intended that adoption of a new Uniform Securities Act will
reject earlier case decisions interpreting identical or
substantively identical sections of the 1956 Act or RUSA unless
specifically so stated in the Official Comments.

 
The Act is solely a new Uniform Securities Act. It does not
codify or append related regulations or guidelines. The Act also
authorizes state administrators in Section 203 to adopt further
exemptions without statutory amendment. The Drafting Committee
did not address state tender offer or control share provisions in
its preparation of this Act.

 
The Act includes subheadings within sections as an aid to
readers. Unlike section captions, subheadings are not a part of
the official text. Each jurisdiction in which this Act is
introduced may consider whether to adopt the subheadings as a
part of the statute and whether to adopt a provision clarifying
the effect, if any, to be given to the headings.

 
The Drafting Committee reviewed several drafts in meetings
between 1998 and 2002. The drafts were made available on NCCUSL's
public website before the meetings. The meetings were publicly
noticed and open to all who wished to attend. The Committee had
the assistance of advisors, consultants, and observers from
several interested groups, including, among others, the American
Bankers Association, the American Bar Association, the American
Council of Life Insurers, the Certified Financial Planner Board
of Standards, the Financial Planning Association, the Investment
Company Institute, the Investment Counsel Association of America,
the National Association of Securities Dealers, Inc., the New
York Stock Exchange, the North American Securities Administrators
Association, the Securities and Exchange Commission, and the
Securities Industry Association. In addition, the Reporter and
the Chair met on several occasions with committees or
representatives of these and other groups.

 
In drafting the new Act, the Reporter and the Drafting
Committee recognized two fundamental challenges. First, there was
a general recognition among all involved of the desirability of
drafting an Act that would receive broad support. The success of
RUSA had been limited because of fundamental differences among
relevant constituencies on several issues. After the National
Securities Markets Improvement Act of 1996 preempted specified
aspects of state securities law with respect to federal covered
securities, the opportunity to draft an Act in a less contentious
atmosphere was available. Given the number of industry, investor,
and regulatory interests affected by the Act and the complexity


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