reglab/housing_qa huggingface dataset:
32 ME Rev Stat § 11203 (2021)
2021 Maine Revised Statutes|TITLE 32: PROFESSIONS AND OCCUPATIONS|Chapter 111-A: MAINE COMMODITY CODE|Subchapter 1: GENERAL PROVISIONS|32 §11203. Exempt person transactions

 §11203. Exempt person transactions The prohibition in section 11202 does not apply to any transaction offered by and in which any of the following persons, or any employee, officer or director acting solely in that capacity, is the purchaser or seller:   [PL 1985, c. 643 (NEW).]1.  Futures commission merchant or leverage transaction merchant.  A person registered with the Commodity Futures Trading Commission as a futures commission merchant or as a leverage transaction merchant whose activities require such registration;   [PL 1985, c. 643 (NEW).] 2.  United States Securities and Exchange Commission registered broker-dealer.  A person registered with the United States Securities and Exchange Commission as a broker-dealer whose activities require such registration;   [PL 1985, c. 643 (NEW).] 3.  Affiliated persons.  A person affiliated with, and whose obligations and liabilities under the transaction are guaranteed by, a person referred to in subsection 1 or 2;   [PL 1985, c. 643 (NEW).] 4.  Member of contract market.  A person who is a member of a contract market designated by the Commodity Futures Trading Commission or any clearinghouse of the Commodity Futures Trading Commission;   [PL 1985, c. 643 (NEW).] 5.  Financial institution.  A financial institution; or   [PL 1985, c. 643 (NEW).] 6.  State-registered broker-dealer.  A person registered under the laws of this State as a securities broker-dealer whose activities require such registration.   [PL 1985, c. 643 (NEW).] The exemptions provided by this section do not apply to any transaction or activity which is prohibited by the Commodity Exchange Act or Commodity Futures Trading Commission Rule.   [PL 1985, c. 643 (NEW).]SECTION HISTORY PL 1985, c. 643 (NEW).
32 ME Rev Stat § 11205 (2021)
2021 Maine Revised Statutes|TITLE 32: PROFESSIONS AND OCCUPATIONS|Chapter 111-A: MAINE COMMODITY CODE|Subchapter 1: GENERAL PROVISIONS|32 §11205. Unlawful commodity activities

 §11205. Unlawful commodity activities 1.  Persons allowed to engage in commodity activities.  No person may engage in a trade or business or otherwise act as a commodity merchant, unless that person:   A. Is registered or temporarily licensed with the Commodity Futures Trading Commission for each activity constituting such person as a commodity merchant and such registration or temporary license shall not have expired, nor been suspended nor revoked; or   [PL 1985, c. 643 (NEW).]B. Is exempt from that registration by virtue of the Commodity Exchange Act or of a Commodity Futures Trading Commission Rule.   [PL 1985, c. 643 (NEW).][PL 1985, c. 643 (NEW).] 2.  Board of trade allowed to trade.  No board of trade may trade, or provide a place for the trading of, any commodity contract or commodity option required to be traded on or subject to the rules of a contract market designated by the Commodity Futures Trading Commission, unless that board of trade has been so designated for that commodity contract or commodity option and that designation shall not have been vacated, nor suspended nor revoked.   [PL 1985, c. 643 (NEW).] SECTION HISTORY PL 1985, c. 643 (NEW).
32 ME Rev Stat § 11206 (2021)
2021 Maine Revised Statutes|TITLE 32: PROFESSIONS AND OCCUPATIONS|Chapter 111-A: MAINE COMMODITY CODE|Subchapter 1: GENERAL PROVISIONS|32 §11206. Fraudulent conduct

 §11206. Fraudulent conduct No person may directly or indirectly, in or in connection with the purchase or sale of, the offer to sell, the offer to purchase, the offer to enter into or the entry into of any commodity contract or commodity option subject to section 11202; 11203; or 11204, subsection 1, paragraph B or D:   [PL 1985, c. 643 (NEW).]1.  Cheat.  Cheat or defraud, or attempt to cheat or defraud, any other person or employ any device, scheme or artifice to defraud any other person;   [PL 1985, c. 643 (NEW).] 2.  False statements.  Make any false report, enter any false record, or make any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading;   [PL 1985, c. 643 (NEW).] 3.  Fraud; deceit.  Engage in any transaction, act, practice or course of business, including, without limitation, any form of advertising or solicitation, which operates or would operate as a fraud or deceit upon any person; or   [PL 1985, c. 643 (NEW).] 4.  Misappropriation.  Misappropriate or convert the funds, security or property of any other person.   [PL 1985, c. 643 (NEW).] SECTION HISTORY PL 1985, c. 643 (NEW).
32 ME Rev Stat § 11207 (2021)
2021 Maine Revised Statutes|TITLE 32: PROFESSIONS AND OCCUPATIONS|Chapter 111-A: MAINE COMMODITY CODE|Subchapter 1: GENERAL PROVISIONS|32 §11207. Liability of principals, controlling persons and others

 §11207. Liability of principals, controlling persons and others 1.  Officials and agents.  The act, omission or failure of any official, agent or other person acting for any individual, association, partnership, corporation or trust within the scope of his employment or office shall be deemed the act, omission or failure of the individual, association, partnership, corporation or trust, as well as of that official, agent or other person.   [PL 1985, c. 643 (NEW).] 2.  Controlling persons.  Every person who directly or indirectly controls another person liable under any provision of this chapter, every partner, officer or director of such other person, every person occupying a similar status or performing similar functions, every employee of such other person who materially aids in the violation is also liable jointly and severally with and to the same extent as such other person, unless the person who is also liable by virtue of this provision sustains the burden of proof that he did not know, and in exercise of reasonable care could not have known, of the existence of the facts by reason of which the liability is alleged to exist.   [PL 1985, c. 643 (NEW).] SECTION HISTORY PL 1985, c. 643 (NEW).
32 ME Rev Stat § 11208 (2021)
2021 Maine Revised Statutes|TITLE 32: PROFESSIONS AND OCCUPATIONS|Chapter 111-A: MAINE COMMODITY CODE|Subchapter 1: GENERAL PROVISIONS|32 §11208. Securities laws unaffected

 §11208. Securities laws unaffected Nothing in this chapter impairs, derogates or otherwise affects the authority or powers of the administrator under the Maine Uniform Securities Act or the application of any provision to that Act to any person or transaction subject to that Act.   [PL 2005, c. 65, Pt. C, §18 (AMD).]SECTION HISTORY PL 1985, c. 643 (NEW). PL 1989, c. 542, §74 (AMD). PL 2005, c. 65, §C18 (AMD).
32 ME Rev Stat § 11209 (2021)
2021 Maine Revised Statutes|TITLE 32: PROFESSIONS AND OCCUPATIONS|Chapter 111-A: MAINE COMMODITY CODE|Subchapter 1: GENERAL PROVISIONS|32 §11209. Purpose

 §11209. Purpose This chapter may be construed and implemented to effectuate its general purpose to protect investors, to prevent and prosecute illegal and fraudulent schemes involving commodity contracts and to maximize coordination with federal and other states' laws and the administration and enforcement of those laws. This chapter is not intended to create any rights or remedies upon which actions may be brought by private persons against persons who violate the provisions of this chapter.   [PL 1985, c. 643 (NEW).]SECTION HISTORY PL 1985, c. 643 (NEW).
32 ME Rev Stat § 11210 (2021)
2021 Maine Revised Statutes|TITLE 32: PROFESSIONS AND OCCUPATIONS|Chapter 111-A: MAINE COMMODITY CODE|Subchapter 1: GENERAL PROVISIONS|32 §11210. Short title

 §11210. Short title This chapter is known and may be cited as the "Maine Commodity Code."   [PL 2001, c. 182, §13 (NEW).]SECTION HISTORY PL 2001, c. 182, §13 (NEW).
32 ME Rev Stat § 11301 (2021)
2021 Maine Revised Statutes|TITLE 32: PROFESSIONS AND OCCUPATIONS|Chapter 111-A: MAINE COMMODITY CODE|Subchapter 2: ADMINISTRATION AND ENFORCEMENT|32 §11301. Investigations

 §11301. Investigations 1.  Investigations.  The administrator may make investigations, within or outside this State, as the administrator finds necessary or appropriate to:   A. Determine whether any person has violated, or is about to violate, any provision of this chapter or any rule or order of the administrator; or   [PL 1989, c. 542, §75 (AMD).]B. Aid in enforcement of this chapter.   [PL 1985, c. 643 (NEW).][PL 1989, c. 542, §75 (AMD).] 2.  Publication.  The administrator may publish information concerning any violation of this chapter or any rule or order of the administrator.   [PL 1989, c. 542, §75 (AMD).] 3.  Power of administrator.  For purposes of any investigation or proceeding under this chapter, the administrator or any officer or employee designated by rule or order, may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence and require the production of any books, papers, correspondence, memoranda, agreements or other documents or records which the administrator deems to be relevant or material to the inquiry.   [PL 1989, c. 542, §75 (AMD).] 4.  Court order.  If a person does not give testimony or produce the documents required by the administrator or a designated employee pursuant to an administrative subpoena, the administrator or designated employee may apply for a court order compelling compliance with the subpoena or the giving of the required testimony.   The request for order of compliance may be addressed to either:   A. The Superior Court located in the County of Kennebec or the Superior Court where service may be obtained on the person refusing to testify or produce, if the person is within this State; or   [PL 1985, c. 643 (NEW).]B. The appropriate court of the state having jurisdiction over the person refusing to testify or produce, if the person is outside this State.   [PL 1985, c. 643 (NEW).][PL 1989, c. 542, §75 (AMD).] SECTION HISTORY PL 1985, c. 643 (NEW). PL 1989, c. 542, §75 (AMD).
32 ME Rev Stat § 11302 (2021)
2021 Maine Revised Statutes|TITLE 32: PROFESSIONS AND OCCUPATIONS|Chapter 111-A: MAINE COMMODITY CODE|Subchapter 2: ADMINISTRATION AND ENFORCEMENT|32 §11302. Enforcement of chapter

 §11302. Enforcement of chapter 1.  Cease and desist order.  If the administrator believes, whether or not based upon an investigation conducted under section 11301, that any person has engaged or is about to engage in any act or practice constituting a violation of any rule or order under this chapter, the administrator may:   A. Issue a cease and desist order; or   [PL 1985, c. 643 (NEW).]B. Initiate any of the actions specified in subsection 2.   [PL 1985, c. 643 (NEW).][PL 1989, c. 542, §76 (AMD).] 2.  Court action.  The administrator may institute any of the following actions in the appropriate courts of this State, or in the appropriate courts of another state, in addition to any legal or equitable remedies otherwise available:   A. An action for declaratory judgment;   [PL 1985, c. 643 (NEW).]B. An action for a prohibitory or mandatory injunction to enjoin the violation and to ensure compliance with this chapter or any rule or order of the administrator;   [PL 1989, c. 542, §76 (AMD).]C. An action for disgorgement; or   [PL 1985, c. 643 (NEW).]D. An action for appointment of a receiver or conservator for the defendant or the defendant's assets.   [PL 1985, c. 643 (NEW).][PL 1989, c. 542, §76 (AMD).] SECTION HISTORY PL 1985, c. 643 (NEW). PL 1989, c. 542, §76 (AMD).
32 ME Rev Stat § 11304 (2021)
2021 Maine Revised Statutes|TITLE 32: PROFESSIONS AND OCCUPATIONS|Chapter 111-A: MAINE COMMODITY CODE|Subchapter 2: ADMINISTRATION AND ENFORCEMENT|32 §11304. Criminal penalties

 §11304. Criminal penalties 1.  Knowing violation.  Any person who knowingly violates any provision of this chapter or any rule or order of the administrator under this chapter is guilty of a Class C crime, except that, notwithstanding Title 17-A, sections 1704 and 1705, the maximum fine is $10,000 or any higher amount that does not exceed twice the pecuniary gain derived from the crime by the defendant pursuant to Title 17‑A, section 1706, subsection 1.   [PL 2019, c. 113, Pt. C, §83 (AMD).] 2.  Prosecution.  The administrator may refer such evidence as is available concerning violations of this chapter or any rule or order of the administrator to the Attorney General or the proper district attorney, who may, with or without such a reference from the administrator, institute the appropriate criminal proceedings under this chapter.   [PL 1989, c. 542, §78 (AMD).] SECTION HISTORY PL 1985, c. 643 (NEW). PL 1989, c. 542, §78 (AMD). PL 2019, c. 113, Pt. C, §83 (AMD).
32 ME Rev Stat § 11305 (2021)
2021 Maine Revised Statutes|TITLE 32: PROFESSIONS AND OCCUPATIONS|Chapter 111-A: MAINE COMMODITY CODE|Subchapter 2: ADMINISTRATION AND ENFORCEMENT|32 §11305. Administration of chapter

 §11305. Administration of chapter 1.  Administrator.  This chapter shall be administered by the Securities Administrator.   [PL 1989, c. 542, §79 (AMD).] 2.  Use of information.  Neither the administrator nor any employee of the administrator may use any information which is filed with or obtained by the administrator which is not public information for personal gain or benefit, nor may the administrator nor any employee of the administrator conduct any securities or commodity dealings whatsoever based upon any such information, even though public, if there has not been a sufficient period of time for the securities or commodity markets to assimilate that information.   [PL 1989, c. 542, §79 (AMD).] 3.  Public information.  Notwithstanding any other provision of law, except as provided in paragraph A, all information collected, assembled or maintained by the administrator is public information and is available for the examination of the public.   A. The following are exceptions to this subsection:   (1) Information obtained in private investigations pursuant to section 11301;   (2) Information made confidential by rule or order of the administrator; or   (3) Information obtained from federal agencies which may not be disclosed under federal law.   [PL 1989, c. 542, §79 (AMD).][PL 1989, c. 542, §79 (AMD).] 4.  Disclosure of information.  The administrator may disclose any information made confidential under subsection 3, paragraph A, subparagraph (1), to persons identified in section 11306, subsection 1.   [PL 1989, c. 542, §79 (AMD).] 5.  Privilege.  No provision of this chapter creates or derogates any privilege which exists at common law, by statute or otherwise, when any documentary or other evidence is sought under subpoena directed to the administrator or any employee of the administrator.   [PL 1989, c. 542, §79 (AMD).] SECTION HISTORY PL 1985, c. 643 (NEW). PL 1989, c. 542, §79 (AMD).
32 ME Rev Stat § 11306 (2021)
2021 Maine Revised Statutes|TITLE 32: PROFESSIONS AND OCCUPATIONS|Chapter 111-A: MAINE COMMODITY CODE|Subchapter 2: ADMINISTRATION AND ENFORCEMENT|32 §11306. Cooperation with other agencies

 §11306. Cooperation with other agencies 1.  Cooperation.  To encourage uniform application and interpretation of this chapter and commodities regulation and enforcement in general, the administrator and the employees of the administrator may cooperate, including bearing the expense of the cooperation, with the securities agencies or administrator of another jurisdiction, Canadian province or territory or such other agencies administering this chapter, the Commodity Futures Trading Commission, the Securities and Exchange Commission, any self-regulatory organization established under the Commodity Exchange Act or the Securities Exchange Act of 1934, any national or international organization of commodities or securities officials or agencies and any governmental law enforcement agency.   [PL 1989, c. 542, §80 (AMD).] 2.  Type of cooperation.  The cooperation authorized by subsection 1 includes, but is not limited to, the following:   A. Making joint examinations or investigations;   [PL 1985, c. 643 (NEW).]B. Holding joint administrative hearings;   [PL 1985, c. 643 (NEW).]C. Filing and prosecuting joint litigation;   [PL 1985, c. 643 (NEW).]D. Sharing and exchanging personnel;   [PL 1985, c. 643 (NEW).]E. Sharing and exchanging information and documents;   [PL 1985, c. 643 (NEW).]F. Formulating and adopting mutual regulations, statements of policy, guidelines, proposed statutory changes and releases; and   [PL 1985, c. 643 (NEW).]G. Issuing and enforcing subpoenas at the request of the agency administering this chapter in another jurisdiction, the securities agency of another jurisdiction, the Commodity Futures Trading Commission or the Securities and Exchange Commission if the information sought would also be subject to lawful subpoena for conduct occurring in this State.   [PL 1985, c. 643 (NEW).][PL 1985, c. 643 (NEW).] SECTION HISTORY PL 1985, c. 643 (NEW). PL 1989, c. 542, §80 (AMD).
32 ME Rev Stat § 11307 (2021)
2021 Maine Revised Statutes|TITLE 32: PROFESSIONS AND OCCUPATIONS|Chapter 111-A: MAINE COMMODITY CODE|Subchapter 2: ADMINISTRATION AND ENFORCEMENT|32 §11307. General authority to adopt rules, forms and orders

 §11307. General authority to adopt rules, forms and orders 1.  Rules; forms; orders.  In addition to specific authority granted elsewhere in this chapter, the administrator may make, amend and rescind rules, forms and offers as are necessary to carry out this chapter. These rules or forms shall include, but need not be limited to, the following:   A. Rules defining any terms, whether or not used in this chapter, insofar as the definitions are not inconsistent with this chapter. For the purpose of rules or forms, the administrator may classify commodities and commodity contracts, persons and matters within the administrator's jurisdiction.   [PL 1989, c. 542, §81 (AMD).][PL 1989, c. 542, §81 (AMD).] 2.  Adoption of rules; forms; orders.  Unless specifically provided in this chapter, no rule, form or order may be adopted, amended or rescinded unless the administrator finds that the action is:   A. Necessary or appropriate in the public interest or for the protection of investors; and   [PL 1985, c. 643 (NEW).]B. Consistent with the purposes fairly intended by the policy and provisions of this chapter.   [PL 1985, c. 643 (NEW).][PL 1989, c. 542, §81 (AMD).] 3.  Publication.  All rules and forms of the administrator shall be published.   [PL 1989, c. 542, §81 (AMD).] 4.  Liability.  No provision of this chapter imposing any liability applies to any act done or omitted in good faith in conformity with a rule, order or form adopted by the administrator, notwithstanding that the rule, order or form may later be amended or rescinded, or be determined by judicial or other authority to be invalid for any reason.   [PL 1989, c. 542, §81 (AMD).] SECTION HISTORY PL 1985, c. 643 (NEW). PL 1989, c. 542, §81 (AMD).
32 ME Rev Stat § 11308 (2021)
2021 Maine Revised Statutes|TITLE 32: PROFESSIONS AND OCCUPATIONS|Chapter 111-A: MAINE COMMODITY CODE|Subchapter 2: ADMINISTRATION AND ENFORCEMENT|32 §11308. Consent to service of process

 §11308. Consent to service of process 1.  Appointment of administrator.  When a person, including a nonresident of this State, engages in conduct prohibited or made actionable by the chapter or any rule or order of the administrator, the engaging in the conduct shall constitute the appointment of the administrator as the person's attorney to receive service of any lawful process in a noncriminal proceeding against the person, a successor or personal representative, which grows out of that conduct and which is brought under the chapter or any rule or order of the administrator with the same force and validity as if served personally.   [PL 1989, c. 542, §82 (AMD).] 2.  Service.  Service under subsection 1 may be made by leaving a copy of the process in the office of the administrator, but it is not effective unless:   A. The plaintiff, who may be the administrator in a suit, action or proceeding instituted by the administrator, forthwith sends notice of the service and a copy of the process by registered or certified mail to the defendant or respondent at the last address known to the plaintiff; and   [PL 1989, c. 542, §82 (AMD).]B. The plaintiff's affidavit of compliance with this subsection is filed in the case on or before the return day of the process, if any, or within such further time as the court allows.   [PL 1985, c. 643 (NEW).][PL 1989, c. 542, §82 (AMD).] SECTION HISTORY PL 1985, c. 643 (NEW). PL 1989, c. 542, §82 (AMD).
32 ME Rev Stat § 11311 (2021)
2021 Maine Revised Statutes|TITLE 32: PROFESSIONS AND OCCUPATIONS|Chapter 111-A: MAINE COMMODITY CODE|Subchapter 2: ADMINISTRATION AND ENFORCEMENT|32 §11311. Judicial review of orders

 §11311. Judicial review of orders Any person aggrieved by a final order of the administrator may obtain review of the order in the Kennebec County Superior Court by filing a petition in accordance with Title 5, section 11001, and the Maine Rules of Civil Procedure, Rule 80C.   [PL 1989, c. 542, §84 (AMD).]SECTION HISTORY PL 1985, c. 643 (NEW). PL 1989, c. 542, §84 (AMD).
32 ME Rev Stat § 11312 (2021)
2021 Maine Revised Statutes|TITLE 32: PROFESSIONS AND OCCUPATIONS|Chapter 111-A: MAINE COMMODITY CODE|Subchapter 2: ADMINISTRATION AND ENFORCEMENT|32 §11312. Burden of proof

 §11312. Burden of proof The burden of proof for an exemption from this chapter shall be upon the person claiming that exemption.   [PL 1989, c. 542, §85 (NEW); PL 1989, c. 878, Pt. A, §97 (RPR).]SECTION HISTORY PL 1985, c. 643 (NEW). PL 1989, c. 542, §85 (NEW). PL 1989, c. 878, §A97 (RPR).
32 ME Rev Stat § 11313 (2021)
2021 Maine Revised Statutes|TITLE 32: PROFESSIONS AND OCCUPATIONS|Chapter 111-A: MAINE COMMODITY CODE|Subchapter 2: ADMINISTRATION AND ENFORCEMENT|32 §11313. Orders issued by Superintendent of Financial Institutions

 §11313. Orders issued by Superintendent of Financial Institutions All orders issued by the Superintendent of Financial Institutions at a time when authority for administering this chapter was vested in the Superintendent of Financial Institutions shall remain in effect for as long as they would have remained in effect if that authority had not been transferred to the Securities Administrator.   [PL 1989, c. 878, Pt. A, §98 (NEW); PL 2001, c. 44, §11 (AMD); PL 2001, c. 44, §14 (AFF).]SECTION HISTORY PL 1989, c. 878, §A98 (NEW). PL 2001, c. 44, §11 (AMD). PL 2001, c. 44, §14 (AFF).
32 ME Rev Stat § 12202 (2021)
2021 Maine Revised Statutes|TITLE 32: PROFESSIONS AND OCCUPATIONS|Chapter 113: PRACTICE OF PUBLIC ACCOUNTANCY|Subchapter 1: GENERAL PROVISIONS|32 §12202. Unlicensed persons or firms

 §12202. Unlicensed persons or firms Anyone may practice accounting and engage in services which involve accounting or auditing skills, including management advisory or consulting services, the preparation of tax returns and the furnishing of advice on tax matters, provided that no one except a licensee may:   [PL 1987, c. 489, §2 (NEW).]1.  Represent or appear to represent that he is a licensee as defined in section 12201, subsection 6; or   [PL 1987, c. 489, §2 (NEW).] 2.  Issue a report as defined in section 12201, subsection 10-A, except those persons described in section 12275, subsection 1, paragraphs A and B.   [PL 2015, c. 110, §6 (AMD).] SECTION HISTORY PL 1987, c. 489, §2 (NEW). PL 2015, c. 110, §6 (AMD).
32 ME Rev Stat § 12203 (2021)
2021 Maine Revised Statutes|TITLE 32: PROFESSIONS AND OCCUPATIONS|Chapter 113: PRACTICE OF PUBLIC ACCOUNTANCY|Subchapter 1: GENERAL PROVISIONS|32 §12203. Fees

 §12203. Fees The Director of the Office of Professional and Occupational Regulation may establish by rule fees for purposes authorized under this chapter in amounts that are reasonable and necessary for their respective purposes, except that the fee for any one purpose may not exceed $100. Rules adopted pursuant to this section are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.   [PL 2007, c. 402, Pt. Z, §4 (NEW); PL 2011, c. 286, Pt. B, §5 (REV).]SECTION HISTORY PL 2007, c. 402, Pt. Z, §4 (NEW). PL 2011, c. 286, Pt. B, §5 (REV).