LD 509
pg. 3
Page 2 of 183 An Act To Adopt the Maine Uniform Securities Act Page 4 of 183
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LR 441
Item 1

 
of the Act itself, building consensus was the Act's most
significant drafting challenge.

 
Second, there was the technical challenge of drafting a new
Act that could achieve the basic goal of uniformity among states
and with applicable federal law against the backdrop of 46 years
of experience with the 1956 Act. Over time both Uniform and non-
Uniform Act states have, to varying degrees, evolved local
solutions to a number of securities law issues. In an
increasingly global securities market, the need for uniformity
has become more important. Drafting language to achieve the
greatest practicable uniformity, given differences in state
practice, was a key aspiration of this Act. In a few instances,
such as dollar amounts for fees, the Act defers to local
practice. On a few other issues, bracketed language or the
Official Comments articulate an alternative some states may
choose to adopt rather than the language of the Act itself.

 
The Act is in seven Articles:

 
1. General Provisions

 
2. Exemptions from Registration of Securities

 
3. Registration of Securities and Notice Filing of Federal

 
Covered Securities

 
4. Broker-Dealers, Agents, Investment Advisers, Investment

 
Adviser Representatives, and Federal Covered Investment

 
Advisers

 
5. Fraud and Liabilities

 
6. Administration and Judicial Review

 
7. Transition

 
There are has three overarching themes of the Act.

 
First, Section 608 articulates in greater detail than the 1956
Act's Section 415 the objectives of uniformity, cooperation among
relevant state and federal governments and self-regulatory
organizations, investor protection and, to the extent
practicable, capital formation. Section 608 is the reciprocal of
the instruction on these subjects given by Congress in 1996 to
the Securities and Exchange Commission in Section 19(c) of the
Securities Act of 1933. The theme of uniformity and the
aspiration of coordination of federal and state securities law is
particularly stressed in the Act and Official Comments. Section
602(f), consistent with the Federal Securities Litigation Uniform
Standard Act of 1998, is a new provision encouraging reciprocal
state enforcement assistance.

 
A second overarching theme of the Act is achieving consistency
with the National Securities Markets Improvement Act of 1996
("NSMIA"). New definitions were added to define in


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