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of the Act itself, building consensus was the Act's most | significant drafting challenge. |
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| | 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. |
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| | The Act is in seven Articles: |
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| | 2. Exemptions from Registration of Securities |
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| | 3. Registration of Securities and Notice Filing of Federal |
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| | 4. Broker-Dealers, Agents, Investment Advisers, Investment |
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| | Adviser Representatives, and Federal Covered Investment |
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| | 6. Administration and Judicial Review |
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| | There are has three overarching themes of the Act. |
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| | 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. |
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| | 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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