| | |
cooperatives. Section 201(8) is not intended to be available if | | securities are offered or sold to the public generally. |
|
| | | The 1956 Act Section 402(a)(12) had instead provided: "insert | | any desired exemption for cooperatives." The Reporter for the | | 1956 Act had found such sharp variation among the 18 states that | | then had adopted a cooperative exemption that "no common pattern | | can be found." Louis Loss, Commentary on the Uniform Securities | | Act 118 (1976). |
|
| | | 9. Section 201(9): Equipment trust certificates: Prior | | Provision: RUSA Section 401(b)(6). The Securities Act of 1933 | | Section 3(a)(6) includes a narrower exemption for railroad | | equipment trusts. Section 201(9) follows RUSA. The Official | | Comment to RUSA Section 401(b)(6) explained: |
|
| | | The new paragraph (b)(6) reflects the extensive development of | | equipment lease financing through leveraged leases, conditional | | sales, and other devices. The underlying premise is that if the | | securities of the person using such a financing device would be | | exempt under some other paragraph of Section 401, the equipment | | trust certificate or other security issued to acquire the | | property in question also is exempt. |
|
| | | 1. Section 16201(3)(B): Bank holding company language was | | added to this paragraph, consistent with the predecessor act. |
|
| | | 2. Section 16201(7): As noted in Official Comment 7, this | | subsection is modeled on a similar federal provision that exempts | | nonprofit securities. Like the federal provision, this | | subsection refers to persons organized and operated "not for | | pecuniary profit." Although the corresponding provision in the | | Revised Maine Securities Act instead used the term "private" | | profit, it is not intended that this difference will alter which | | persons are covered under this subsection. |
|
| | | §16202. Exempt transactions |
|
| | | The following transactions are exempt from the requirements of | | sections 16301 to 16306 and 16504: |
|
| | | 1.__Isolated nonissuer transaction.__An isolated nonissuer | | transaction, whether effected by or through a broker-dealer or | | not; |
|
| | | 2.__Manual exemption.__A nonissuer transaction by or through a | | broker-dealer licensed under or exempt from licensing under |
|
|