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 this chapter and a resale transaction by a sponsor of a unit investment trust registered under the federal Investment Company Act of 1940 in a security of a class that has been outstanding in the hands of the public for at least 90 days, if, on the date of the transaction:
3.Nonissuer transactions in specified foreign transactions.
A nonissuer transaction by or through a broker-dealer licensed under or exempt from licensing under this chapter in a sec
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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 this chapter and a resale transaction by a sponsor of a unit investment trust registered under the federal Investment Company Act of 1940 in a security of a class that has been outstanding in the hands of the public for at least 90 days, if, on the date of the transaction:
3.
Nonissuer transactions in specified foreign transactions.
A nonissuer transaction by or through a broker-dealer licensed under or exempt from licensing under this chapter in a security of a foreign issuer that is a margin security defined in regulations or rules adopted by the Board of Governors of the Federal Reserve System;
4.
Nonissuer transactions in securities where guarantor is subject to Securities Exchange Act reporting.
A nonissuer transaction by or through a broker-dealer licensed under or exempt from licensing under this chapter in an outstanding security if the guarantor of the security files reports with the Securities and Exchange Commission under the reporting requirements of Section 13 or 15(d) of the federal Securities Exchange Act of 1934, 15 United States Code, Section 78m or 78o(d);
5.
Nonissuer transactions in specified fixed income securities.
A nonissuer transaction by or through a broker-dealer licensed under or exempt from licensing under this chapter in a security that:
6.
Unsolicited brokerage transactions.
A nonissuer transaction by or through a broker-dealer licensed under or exempt from licensing under this chapter effecting an unsolicited order or offer to purchase;
7.
Nonissuer transactions by pledgees.
A nonissuer transaction executed by a bona fide pledgee without the purpose of evading this chapter;
8.
Nonissuer transactions with federal covered investment advisers.
A nonissuer transaction by a federal covered investment adviser with investments under management in excess of $100,000,000 acting in the exercise of discretionary authority in a signed record for the account of others;
9.
Specified exchange transactions.
A transaction in a security, whether or not the security or transaction is otherwise exempt, in exchange for one or more bona fide outstanding securities, claims or property interests or partly in such exchange and partly for cash, if the terms and conditions of the issuance and exchange or the delivery and exchange and the fairness of the terms and conditions have been approved by the administrator after a hearing. The administrator may impose actual costs and a reasonable fee for conducting a hearing under this subsection;
10.
Underwriter transactions.
A transaction between the issuer or other person on whose behalf the offering is made and an underwriter, or among underwriters;
11.
Mortgage secured unit transactions.
A transaction in a note, bond, debenture or other evidence of indebtedness secured by a mortgage or other security agreement if:
12.
Personal representative and guardian transactions.
A transaction by a personal representative, as defined in Title 18‑C, section 1‑201, subsection 40, executor, administrator of an estate, sheriff, marshal, receiver, trustee in bankruptcy, guardian or conservator acting in their official capacities;
13.
Transactions with specified investors.
A sale or offer to sell to:
14.
Limited private offering transactions, any issuer.
A sale or an offer to sell securities by or on behalf of an issuer, if the transaction is part of a single issue in which:
15.
Limited private offering transactions, Maine issuer.
A sale or an offer to sell securities of a corporation, limited partnership or limited liability company organized under the laws of this State or any issuer determined by the administrator by order to have its principal place of business in this State, if the sale or offer is by or on behalf of the issuer and if the transaction is part of a single issue in which:
16.
Transactions with existing securities holders.
A transaction under an offer to existing security holders of the issuer, including persons that at the date of the transaction are holders of convertible securities, options or warrants, if a commission or other remuneration, other than a standby commission, is not paid or given, directly or indirectly, for soliciting a security holder in this State;
17.
Offerings filed but not effective, nonexempt securities.
An offer to sell, but not a sale, of a security not exempt from registration under the federal Securities Act of 1933 if:
18.
Offerings filed but not effective, exempt securities.
An offer to sell, but not a sale, of a security exempt from registration under the federal Securities Act of 1933 if:
19.
Control transactions.
A transaction involving the distribution of the securities of an issuer to the security holders of another person in connection with a merger, consolidation, exchange of securities, sale of assets or other reorganization to which the issuer, or its parent or subsidiary, and the other person, or its parent or subsidiary, are parties;
20.
Rescission offers.
A rescission offer, sale or purchase under section 16510;
21.
Not violative of laws of foreign state or jurisdiction.
An offer or sale of a security to a person not a resident of this State and not present in this State if the offer or sale does not constitute a violation of the laws of the state or foreign jurisdiction in which the offeree or purchaser is present and is not part of an unlawful plan or scheme to evade this chapter.
22.
Employee benefit plans.
An employees' stock purchase, savings, option, profit-sharing, pension or similar employees' benefit plan, including any securities, plan interests and guarantees issued under a compensatory benefit plan or compensation contract, contained in a record, established by the issuer, its parents, its majority-owned subsidiaries or the majority-owned subsidiaries of the issuer's parent for the participation of their employees including offers or sales of such securities to:
23.
Specified dividends, tender offers, judicially recognized reorganizations.
A transaction involving:
24.
Nonissuer transactions in specified foreign issuers securities.
A nonissuer transaction in an outstanding security by or through a broker-dealer licensed under or exempt from licensing under this chapter, if the issuer is a reporting issuer in a foreign jurisdiction designated by this paragraph or by rule adopted or order issued under this chapter; the issuer has been subject to continuous reporting requirements in the foreign jurisdiction for not less than 180 days before the transaction; and the security is listed on the foreign jurisdiction's securities exchange that has been designated by this paragraph or by routine technical rule, as defined in Title 5, chapter 375, subchapter 2‑A, adopted or order issued under this chapter, or is a security of the same issuer that is of senior or substantially equal rank to the listed security or is a warrant or right to purchase or subscribe to any of the foregoing. For purposes of this paragraph, Canada, together with its provinces and territories, is a designated foreign jurisdiction and the Toronto Stock Exchange, Inc. is a designated securities exchange. After an administrative hearing in compliance with the Maine Administrative Procedure Act, the administrator, by order issued under this chapter, may revoke the designation of a securities exchange under this paragraph if the administrator finds that revocation is necessary or appropriate in the public interest and for the protection of investors;
25.
Investments in viatical or life settlement contracts.
Any offer or sale of an investment in a viatical or life settlement contract, if:
26.
Nonpublic offerings under 4(2).
A security offered in a nonpublic offering under Section 4(2) of the federal Securities Act of 1933, 15 United States Code, Section 77d(2) if, no later than 15 days after the first sale in this State, a notice on "Form D," as promulgated by the Securities and Exchange Commission, is filed with the administrator together with a consent to service of process complying with section 16611, signed by the issuer, and the payment of a nonrefundable filing fee of $300 for each type or class of security sold. If the Form D includes a consent to service of process, a separate document need not be filed for this purpose, and if the consent to service of process on the Form D is executed in a manner accepted by the Securities and Exchange Commission, it is deemed to comply with the requirement in this section and section 16611, subsection 1 that the consent be signed. An additional nonrefundable late filing fee of $500 must be paid for a filing made 16 or more days after the first sale in this State.