| | | 1. Under this type of authority, 50 of 53 jurisdictions | | through September 2002 had adopted the Uniform Limited Offering | | Exemption (ULOE) or a Regulation D exemption, and 32 | | jurisdictions had adopted a Rule 144A exemption. This Act does | | not incorporate ULOE or a Rule 144A exemption because of their | | complexity and the likelihood of periodic updating of their | | provisions. Rule 144A, and similar exemptions in ULOE, can be | | most effectively implemented by rule rather than statute. |
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| | | 2. Under Section 203 a state would also be authorized to | | adopt by rule or order new exemptions as circumstances warrant | | for new technologies such as the Internet. Cf. NASAA Resolution | | Regarding Securities Offered on Internet, NASAA Rep. ¶7040 (Jan. | | 7, 1996). |
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| | | 3. It is the intent of this Section that ULOE, Rule 144A, and | | additional exemptions or waivers be adopted uniformly by states, | | to the extent this is practicable. |
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| | | §16204. Denial, suspension, revocation, condition or limitation | | of |
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| | | 1.__Enforcement related powers.__Notwithstanding the Maine | | Administrative Procedure Act, an order under this chapter may | | deny, suspend application of, condition, limit or revoke an | | exemption created under section 16201, subsection 3, paragraph C, | | section 16201, subsection 7 or 8 or section 16202 or an exemption | | or waiver created under section 16203 with respect to a specific | | security, transaction or offer if the administrator finds that | | the order is consistent with the public interest and the | | protection of the public. An order under this section may be | | issued only pursuant to the procedures in section 16306, | | subsection 4 or section 16604 and only prospectively. |
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| | | 2.__Knowledge of order required.__A person does not violate | | section 16301, sections 16303 to 16306, section 16504 or section | | 16510 by an offer to sell, offer to purchase, sale or purchase | | effected after the entry of an order issued under this section if | | the person did not know, and in the exercise of reasonable care | | could not have known, of the order. |
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| | | Prior Provisions: 1956 Act Section 402(c); RUSA Section 404. |
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| | | 1. Section 204 is potentially far reaching. The ability to | | deny, condition, limit, or revoke the exemptions specified in | | Sections 201(3)(C), 201(7), 201(8), 202, or 203 is adopted | | concomitant with the breadth of these exemptions. One or more |
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