§ 8-1101 Short title
§ 8-1102 Definitions
§ 8-1103 Rules for determining whether certain obligations and interests are securities or financial assets
§ 8-1104 Acquisition of security or financial asset or interest in a security or financial asset
§ 8-1105 Notice of adverse claim
§ 8-1106 Control
§ 8-1107 Whether indorsement, instruction or entitlement order is effective
§ 8-1108 Warranties in direct holding
§ 8-1109 Warranties in indirect holding
§ 8-1110 Applicability; choice of law
§ 8-1111 Clearing corporation rules
§ 8-1112 Creditor’s legal process
§ 8-1113 Statute of frauds inapplicable
§ 8-1114 Evidentiary rules concerning certificated securities
§ 8-1115 Securities intermediary and others not liable to adverse claimant
§ 8-1116 Securities intermediary as purchaser for value
§ 8-1201 Issuer
§ 8-1202 Issuer’s responsibility and defenses; notice of defect or defense
§ 8-1203 Staleness as notice of defect or defense
§ 8-1204 Effect of issuer’s restriction on transfer
§ 8-1205 Effect of unauthorized signature on security certificate
§ 8-1206 Completion or alteration of security certificate
§ 8-1207 Rights and duties of issuer with respect to registered owners
§ 8-1208 Effect of signature of authenticating trustee, registrar or transfer agent
§ 8-1209 Issuer’s lien
§ 8-1210 Overissue
§ 8-1301 Delivery
§ 8-1302 Rights of purchaser
§ 8-1303 Protected purchaser
§ 8-1304 Indorsement
§ 8-1305 Instruction
§ 8-1306 Effect of guaranteeing signature, indorsement or instruction
§ 8-1307 Purchaser’s right to requisites for registration of transfer
§ 8-1401 Duty of issuer to register transfer
§ 8-1402 Assurance that indorsement or instruction is effective
§ 8-1403 Demand that issuer not register transfer
§ 8-1404 Wrongful registration
§ 8-1405 Replacement of lost, destroyed or wrongfully taken security certificate
§ 8-1406 Obligation to notify issuer of lost, destroyed or wrongfully taken security certificate
§ 8-1407 Authenticating trustee, transfer agent and registrar
§ 8-1501 Securities account; acquisition of security entitlement from securities intermediary
§ 8-1502 Assertion of adverse claim against entitlement holder
§ 8-1503 Property interest of entitlement holder in financial asset held by securities intermediary
§ 8-1504 Duty of securities intermediary to maintain financial asset
§ 8-1505 Duty of securities intermediary with respect to payments and distributions
§ 8-1506 Duty of securities intermediary to exercise rights as directed by entitlement holder
§ 8-1507 Duty of securities intermediary to comply with entitlement order
§ 8-1508 Duty of securities intermediary to change entitlement holder’s position to other form of security holding
§ 8-1509 Specification of duties of securities intermediary by other statute or regulation; manner of performance of duties of securities intermediary and exercise of rights of entitlement holder
§ 8-1510 Rights of purchaser of security entitlement from entitlement holder
§ 8-1511 Priority among security interests and entitlement holders

Terms Used In Maine Revised Statutes > Title 11 > Article 8-A

  • Adverse claim: means a claim that a claimant has a property interest in a financial asset and that it is a violation of the rights of the claimant for another person to hold, transfer or deal with the financial asset. See Maine Revised Statutes Title 11 Sec. 8-1102
  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appraisal: A determination of property value.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Associated radiological concerns: means radioactive elements other than radon, including, but not limited to, radium, thorium, uranium and their respective decay products. See Maine Revised Statutes Title 22 Sec. 772
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Authorized radon testing device: means a device that:  
A. See Maine Revised Statutes Title 22 Sec. 772
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Broker: means a person defined as a broker or dealer under the federal securities laws, but without excluding a bank acting in that capacity. See Maine Revised Statutes Title 11 Sec. 8-1102
  • Certificated security: means a security that is represented by a certificate. See Maine Revised Statutes Title 11 Sec. 8-1102
  • Clearing corporation: means :  
    (i) A person that is registered as a "clearing agency" under the federal securities laws;  
    (ii) A federal reserve bank; or  
    (iii) Any other person that provides clearance or settlement services with respect to financial assets that would require it to register as a clearing agency under the federal securities laws but for an exclusion or exemption from the registration requirement, if its activities as a clearing corporation, including adoption of rules, are subject to regulation by a federal or state governmental authority. See Maine Revised Statutes Title 11 Sec. 8-1102
  • Commissioner: means the Commissioner of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A
  • Communicate: means to:  
    (i) Send a signed writing; or  
    (ii) Transmit information by any mechanism agreed upon by the persons transmitting and receiving the information. See Maine Revised Statutes Title 11 Sec. 8-1102
  • Contract: A legal written agreement that becomes binding when signed.
  • Control: means :  
  • A. See Maine Revised Statutes Title 13-C Sec. 871
  • Controlled by: means a person subject to control by another person. See Maine Revised Statutes Title 13-C Sec. 871
  • Converting entity: means the domestic business corporation or domestic unincorporated entity that adopts a plan of entity conversion or the foreign unincorporated entity converting to a domestic business corporation. See Maine Revised Statutes Title 13-C Sec. 951
  • Corporation: includes any domestic or foreign predecessor entity of a corporation in a merger. See Maine Revised Statutes Title 13-C Sec. 851
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A
  • Dependent: A person dependent for support upon another.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Division: means the division of environmental health within the Department of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 772
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Entitlement holder: means a person identified in the records of a securities intermediary as the person having a security entitlement against the securities intermediary. See Maine Revised Statutes Title 11 Sec. 8-1102
  • Entitlement order: means a notification communicated to a securities intermediary directing transfer or redemption of a financial asset to which the entitlement holder has a security entitlement. See Maine Revised Statutes Title 11 Sec. 8-1102
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • facility: means a production or utilization facility situated in this State that holds an operating permit or license issued by the United States Nuclear Regulatory Commission. See Maine Revised Statutes Title 22 Sec. 662
  • Financial asset: except as otherwise provided in section 8-1103, means:  
    (i) A security;  
    (ii) An obligation of a person or a share, participation or other interest in a person or in property or an enterprise of a person that is, or is of a type, dealt in or traded on financial markets or that is recognized in any area in which it is issued or dealt in as a medium for investment; or  
    (iii) Any property that is held by a securities intermediary for another person in a securities account if the securities intermediary has expressly agreed with the other person that the property is to be treated as a financial asset under this Article. See Maine Revised Statutes Title 11 Sec. 8-1102
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Grantor: means the person who conveys a freehold estate or interest in land. See Maine Revised Statutes Title 1 Sec. 72
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Indorsement: means a signature that alone or accompanied by other words is made on a security certificate in registered form or on a separate document for the purpose of assigning, transferring or redeeming the security or granting a power to assign, transfer or redeem it. See Maine Revised Statutes Title 11 Sec. 8-1102
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Instruction: means a notification communicated to the issuer of an uncertificated security that directs that the transfer of the security be registered or that the security be redeemed. See Maine Revised Statutes Title 11 Sec. 8-1102
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Liability: means the obligation to pay a judgment, settlement, penalty, fine, including an excise tax assessed with respect to an employee benefit plan, or expenses incurred with respect to a proceeding. See Maine Revised Statutes Title 13-C Sec. 851
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Listed facility: means a radon testing facility that is designated as providing radon analysis services and that has proven its proficiency to the department. See Maine Revised Statutes Title 22 Sec. 772
  • Material financial interest: means a financial interest in a transaction that would reasonably be expected to impair the objectivity of the director's judgment when participating in action on the authorization of the transaction. See Maine Revised Statutes Title 13-C Sec. 871
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30-A, Part 2. See Maine Revised Statutes Title 1 Sec. 72
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • officer: includes , unless the context requires otherwise, the estate or personal representative of a director or officer. See Maine Revised Statutes Title 13-C Sec. 851
  • Official capacity: means :  
  • A. See Maine Revised Statutes Title 13-C Sec. 851
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Party: means an individual who was, is or is threatened to be made a defendant or respondent in a proceeding. See Maine Revised Statutes Title 13-C Sec. 851
  • Personal property: All property that is not real property.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Proceeding: means any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative, arbitrative or investigative and whether formal or informal. See Maine Revised Statutes Title 13-C Sec. 851
  • Radon: means the radioactive gaseous element and its decay products produced by the disintegration of the element radium in air, water, soil or other media. See Maine Revised Statutes Title 22 Sec. 772
  • Radon testing services: means providing, for remuneration, determination of radon levels or analysis of an authorized radon testing device. See Maine Revised Statutes Title 22 Sec. 772
  • Real estate: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72
  • Related person: means :  
  • A. See Maine Revised Statutes Title 13-C Sec. 871
  • Required disclosure: means disclosure of:  
  • A. See Maine Revised Statutes Title 13-C Sec. 871
  • Securities intermediary: means :  
    (i) A clearing corporation; or  
    (ii) A person, including a bank or broker, that in the ordinary course of its business maintains securities accounts for others and is acting in that capacity. See Maine Revised Statutes Title 11 Sec. 8-1102
  • Security: except as otherwise provided in section 8-1103, means an obligation of an issuer or a share, participation or other interest in an issuer or in property or an enterprise of an issuer:  
    (i) That is represented by a security certificate in bearer or registered form or the transfer of which may be registered upon books maintained for that purpose by or on behalf of the issuer;  
    (ii) That is one of a class or series or by its terms is divisible into a class or series of shares, participations, interests or obligations; and  
    (iii) That:  
    (A) Is, or is of a type, dealt in or traded on securities exchanges or securities markets; or  
    (B) Is a medium for investment and by its terms expressly provides that it is a security governed by this Article. See Maine Revised Statutes Title 11 Sec. 8-1102
  • Security certificate: means a certificate representing a security. See Maine Revised Statutes Title 11 Sec. 8-1102
  • Security entitlement: means the rights and property interest of an entitlement holder with respect to a financial asset specified in Part 5. See Maine Revised Statutes Title 11 Sec. 8-1102
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Statute: A law passed by a legislature.
  • Surviving entity: means the corporation or unincorporated entity as it continues in existence immediately after consummation of an entity conversion pursuant to this subchapter. See Maine Revised Statutes Title 13-C Sec. 951
  • Uncertificated security: means a security that is not represented by a certificate. See Maine Revised Statutes Title 11 Sec. 8-1102