LD 509
pg. 70
Page 69 of 183 An Act To Adopt the Maine Uniform Securities Act Page 71 of 183
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LR 441
Item 1

 
than one security, transaction, or offer can be covered by a
Section 204 order.

 
2. The courts have given a securities administrator's
decision to deny or revoke an exemption substantial deference
when there was compliance with applicable due process and
statutory requirements. See, e.g., Johnson-Bowles Co., Inc. v.
Div. of Sec., 829 P.2d 101 (Utah Ct. App. 1992).

 
Maine Comments

 
1. Section 16204(1): The model Uniform Securities Act
explicitly excluded federal covered securities and transactions
involving such securities from the scope of this section. Maine
has removed this language as unnecessary because the Securities
Administrator's authority to issue orders under this subsection
is necessarily limited by preemption provisions in federal law.

 
SUBCHAPTER 3

 
REGISTRATION OF SECURITIES AND NOTICE

 
FILING OF FEDERAL COVERED SECURITIES

 
§16301.__Securities registration requirement

 
It is unlawful for a person to offer or sell a security in
this State unless:

 
1.__Federal covered security.__The security is a federal
covered security;

 
2.__Exempt from registration.__The security, transaction or
offer is exempted from registration under sections 16201 to
16203; or

 
3.__Registered.__The security is registered under this
chapter.

 
Official Comments

 
Prior Provisions: 1956 Act Section 301; RUSA Section 301.

 
1. This Section is substantively identical to the 1956 Act
and RUSA except for the addition of Section 301(1), which is
necessitated by the National Securities Markets Improvement Act
of 1996. See Section 102(7).

 
2. Except for federal covered securities, exempt securities,
or securities offered or sold in exempt transactions,


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