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Study, 25 J. Corp. L. 307 (2000), explaining that there had been | | 792 cases decided to that date in which the definition of a | | security played a prominent role. Id. at 308. Some 461 of the 792 | | cases (58 percent) concerned investment contracts. Id. at 322. A | | number of states, by statute, rule, or case law have also adopted | | the "risk capital" test to find a security when an investment is | | subject to the risks of an enterprise with the expectation of | | profit or other valuable benefit and the investor has no direct | | control over the management of the enterprise. See, e.g., 2 Loss & | | Seligman, supra, at 939-940 n.50. |
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| | | 29. Section 102(29): Self-regulatory organization: Prior | | Provision: RUSA Section 101(17). This definition was added by | | RUSA and is based on a counterpart provision in the American Law | | Institute Federal Securities Code. At the current time national | | securities exchanges are registered under Section 6 of the | | Securities Exchange Act of 1934; national securities associations | | under Section 15A; clearing agencies under Section 17A; and the | | Municipal Securities Rulemaking Board under Section 15B. |
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| | | 30. Section 102(30): Sign: No Prior Provision. This | | definition is intended to facilitate electronic signatures, to | | the extent permitted by Section 105. |
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| | | 31. Section 102(31): State: Prior Provisions: 1956 Act | | Section 401(m); RUSA Section 101(18). This is the standard | | definition used by the National Conference of Commissioners on | | Uniform State Laws. It does include territories and possessions | | of the United States, as well as the District of Columbia and | | Puerto Rico, but does not include foreign governments, their | | territories, or their possessions. In this Act "foreign" always | | refers to activity, a government, or person outside of the United | | States, not a different state within the United States. |
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| | | 1. Section 16102(4)(B): The definition of "broker-dealer" in | | the Revised Maine Securities Act ("predecessor act") similarly | | excluded issuers, but explicitly stated that the exclusion does | | not apply to issuers "effecting transactions other than with | | respect to its own securities." Maine has not retained this | | explicit statement because it is clear that the issuer exclusion | | is not intended to apply to issuers that are effecting | | transactions other than with respect to their own securities. |
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| | | 2. Section 16102(11)(J-K): For these selected paragraphs, | | Maine has adopted a threshold of $5,000,000 (similar to the | | Revised Maine Securities Act) rather than the model Uniform | | Securities Act | | threshold of $10,000,000. |
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