Code of Maine Rules
02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION
032 - OFFICE OF SECURITIES
Chapter 516 - DEFINITION OF CLIENT FOR PURPOSES OF INVESTMENT ADVISER LICENSING AND NOTICE FILING BY FEDERAL COVERED INVESTMENT ADVISERS
Section 032-516-2 - Legal Organizations
Universal Citation: 02 ME Code Rules ยง 032-516-2
Current through 2024-38, September 18, 2024
1. For purposes of Sections 16403(2)(B) and 16405(2)(B) of the Maine Uniform Securities Act, the following are deemed a single client:
A. A
corporation, general partnership, limited partnership, limited liability
company, trust, other than a trust referred to in Subsection
1(4) of this chapter,
or other legal organization, any of which are referred to hereinafter as a
"legal organization," that receives investment advice based on its investment
objectives rather than the individual investment objectives of its
shareholders, partners, limited partners, members, or beneficiaries, any of
which are referred to hereinafter as an "owner"; and
B. Two or more legal organizations that have
identical owners.
2. For purposes of this section:
A. An owner must be
counted as a client if the investment adviser provides investment advisory
services to the owner separate and apart from the investment advisory services
provided to the legal organization, provided, however, that the determination
that an owner is a client will not affect the applicability of this section
with regard to any other owner;
B.
An owner need not be counted as a client of an investment adviser solely
because the investment adviser, on behalf of the legal organization, offers,
promotes, or sells interests in the legal organization to the owner, or reports
periodically to the owners as a group solely with respect to the performance of
or plans for the legal organization's assets or similar matters;
C. A limited partnership is a client of any
general partner or other person acting as investment adviser to the
partnership; and
D. Any person for
whom an investment adviser provides investment advisory services without
compensation need not be counted as a client.
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