| | | 7. There is no private cause of action, express or implied, | | under Section 501. Section 509(m) expressly provides that only | | Section 509 provides a private cause of action for conduct that | | could violate Section 501. |
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| | | 1. Official Comment 5 states that because section 501 | | "reaches market manipulation" the model Uniform Securities Act | | did not contain a separate section on market manipulation. For | | this reason, Maine does not retain section 10202 of the Revised | | Maine Securities Act, which set forth certain prohibited | | practices relating to market manipulation. However, the conduct | | described in former section 10202, set out below, would result | | in liability under this section. |
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| | | Without limiting the general applicability of section 10201, a | | person may not: |
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| | | 1. Fictitious quotations. Quote a fictitious price with | | respect to a security; |
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| | | 2. No change in beneficial ownership. Effect a transaction | | in a security that involves no change in the beneficial | | ownership of the security for the purpose of creating a | | false or misleading appearance of active trading in a | | security or with respect to the market for the security; |
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| | | 3. Orders for purchases. Enter an order for the purchase of | | a security with the knowledge that an order of substantially | | the same size and at substantially the same time and price | | for the sale of the security has been, or will be, entered | | by or for the same, or affiliated, person for the purpose of | | creating a false or misleading appearance of active trading | | in a security or with respect to the market for the | | security; |
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| | | 4. Orders for sale. Enter an order for the sale of a | | security with the knowledge that an order of substantially | | the same size and at substantially the same time and price | | for the purchase of the security has been, or will be, | | entered by or for the same, or affiliated, person for the | | purpose of creating a false or misleading appearance of | | active trading in a security or with respect to the market | | for the security; or |
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| | | 5. Deceptive practices. Employ any other deceptive or | | fraudulent device, scheme or artifice to manipulate the | | market in a security. |
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