LD 1693
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LD 1693 Title Page An Act to Clarify the Regulation of Viatical Settlement Contracts When Sold as ... Page 2 of 5
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LR 1030
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 32 MRSA §10302, sub-§2, ¶C, as enacted by PL 1985, c. 400, §2,
is amended to read:

 
C. A sales representative acting for an issuer effecting
offers or sales of securities in transactions exempt by one
or more paragraphs of section 10502, subsection 2, except
paragraph S;

 
Sec. 2. 32 MRSA §10501, sub-§9, ¶D is enacted to read:

 
D.__The "issuer" of a fractional or pooled interest in a
viatical settlement contract means the person who creates,
for the purpose of sale, the fractional or pooled interest.__
The "issuer" of a viatical settlement contract that is not
fractionalized or pooled means the person effecting the
transaction with the investor in such a contract but does
not include a broker-dealer or sales representative.

 
Sec. 3. 32 MRSA §10501, sub-§18, as amended by PL 1997, c. 168, §23,
is further amended to read:

 
18. Security. "Security" means any note; stock; treasury
stock; bond; debenture; evidence of indebtedness; certificate of
interest or participation in any profit-sharing agreement; any
limited partnership interest; collateral - trust collateral-trust
certificate; preorganization certificate or subscription;
transferable share; investment contract; viatical settlement
contract; voting-trust certificate; certificate of deposit for a
security; documents of title to and certificates of interest in
an oil, gas or other mineral lease or in payments out of
production under such lease, right or royalty; any put, call,
straddle or option entered into a national securities exchange
relating to foreign currency; any put, call, straddle or option
on any security, certificate of deposit or group or index of
securities, including any interest therein or based on the value
thereof; or, in general, any interest or instrument commonly
known as a "security," or any certificate of interest or
participation in, temporary or interim certificate for, receipt
for, guarantee of, or warrant or right to subscribe to or
purchase, any of the foregoing. "Security" does not include any
insurance or endowment policy or annuity contract under which an
insurance company promises to pay money either in a lump sum or
periodically for life or some other specified period or any
interest in a contributory or noncontributory pension or welfare
plan subject to the United States Employee Retirement Income
Security Act of 1974.

 
Sec. 4. 32 MRSA §10501, sub-§21 is enacted to read:


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