| | |
than one security, transaction, or offer can be covered by a | | Section 204 order. |
|
| | | 2. The courts have given a securities administrator's | | decision to deny or revoke an exemption substantial deference | | when there was compliance with applicable due process and | | statutory requirements. See, e.g., Johnson-Bowles Co., Inc. v. | | Div. of Sec., 829 P.2d 101 (Utah Ct. App. 1992). |
|
| | | 1. Section 16204(1): The model Uniform Securities Act | | explicitly excluded federal covered securities and transactions | | involving such securities from the scope of this section. Maine | | has removed this language as unnecessary because the Securities | | Administrator's authority to issue orders under this subsection | | is necessarily limited by preemption provisions in federal law. |
|
| | | REGISTRATION OF SECURITIES AND NOTICE |
|
| | | FILING OF FEDERAL COVERED SECURITIES |
|
| | | §16301.__Securities registration requirement |
|
| | | It is unlawful for a person to offer or sell a security in | | this State unless: |
|
| | | 1.__Federal covered security.__The security is a federal | | covered security; |
|
| | | 2.__Exempt from registration.__The security, transaction or | | offer is exempted from registration under sections 16201 to | | 16203; or |
|
| | | 3.__Registered.__The security is registered under this | | chapter. |
|
| | | Prior Provisions: 1956 Act Section 301; RUSA Section 301. |
|
| | | 1. This Section is substantively identical to the 1956 Act | | and RUSA except for the addition of Section 301(1), which is | | necessitated by the National Securities Markets Improvement Act | | of 1996. See Section 102(7). |
|
| | | 2. Except for federal covered securities, exempt securities, | | or securities offered or sold in exempt transactions, |
|
|