LD 509
pg. 50
Page 49 of 183 An Act To Adopt the Maine Uniform Securities Act Page 51 of 183
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LR 441
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cooperatives. Section 201(8) is not intended to be available if
securities are offered or sold to the public generally.

 
The 1956 Act Section 402(a)(12) had instead provided: "insert
any desired exemption for cooperatives." The Reporter for the
1956 Act had found such sharp variation among the 18 states that
then had adopted a cooperative exemption that "no common pattern
can be found." Louis Loss, Commentary on the Uniform Securities
Act 118 (1976).

 
9. Section 201(9): Equipment trust certificates: Prior
Provision: RUSA Section 401(b)(6). The Securities Act of 1933
Section 3(a)(6) includes a narrower exemption for railroad
equipment trusts. Section 201(9) follows RUSA. The Official
Comment to RUSA Section 401(b)(6) explained:

 
The new paragraph (b)(6) reflects the extensive development of
equipment lease financing through leveraged leases, conditional
sales, and other devices. The underlying premise is that if the
securities of the person using such a financing device would be
exempt under some other paragraph of Section 401, the equipment
trust certificate or other security issued to acquire the
property in question also is exempt.

 
Maine Comments

 
1. Section 16201(3)(B): Bank holding company language was
added to this paragraph, consistent with the predecessor act.

 
2. Section 16201(7): As noted in Official Comment 7, this
subsection is modeled on a similar federal provision that exempts
nonprofit securities. Like the federal provision, this
subsection refers to persons organized and operated "not for
pecuniary profit." Although the corresponding provision in the
Revised Maine Securities Act instead used the term "private"
profit, it is not intended that this difference will alter which
persons are covered under this subsection.

 
§16202. Exempt transactions

 
The following transactions are exempt from the requirements of
sections 16301 to 16306 and 16504:

 
1.__Isolated nonissuer transaction.__An isolated nonissuer
transaction, whether effected by or through a broker-dealer or
not;

 
2.__Manual exemption.__A nonissuer transaction by or through a
broker-dealer licensed under or exempt from licensing under


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