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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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