§ 11201 Definitions
§ 11202 Unlawful commodity transactions
§ 11203 Exempt person transactions
§ 11204 Exempt transactions
§ 11205 Unlawful commodity activities
§ 11206 Fraudulent conduct
§ 11207 Liability of principals, controlling persons and others
§ 11208 Securities laws unaffected
§ 11209 Purpose
§ 11210 Short title

Terms Used In Maine Revised Statutes > Title 32 > Chapter 111-A > Subchapter 1 - General Provisions

  • Administrator: means the Securities Administrator. See Maine Revised Statutes Title 32 Sec. 11201
  • 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.
  • Board of trade: means any person or group of persons engaged in buying or selling any commodity or receiving any commodity for sale on consignment, whether that person or group of persons is characterized as a board of trade, exchange or other form of marketplace. See Maine Revised Statutes Title 32 Sec. 11201
  • Commodity: means , except as otherwise specified by the administrator by rule or order, any agricultural, grain or livestock products or by-products, any metals or minerals, including a precious metal set forth in subsection 12, any gem or gemstone, whether characterized as precious, semiprecious or otherwise, any fuel, whether liquid, gaseous or otherwise, any foreign currency and all other goods, articles, products or items of any kind provided that the term commodity shall not include:
A. See Maine Revised Statutes Title 32 Sec. 11201
  • Commodity contract: means any account, agreement or contract for the purchase or sale, primarily for speculation or investment purposes and not for use or consumption by the offeree or purchaser, of one or more commodities, whether for immediate or subsequent delivery or whether delivery is intended by the parties, and whether characterized as a cash contract, deferred shipment or deferred delivery contract, forward contract, futures contract, installment or margin contract, leverage contract or otherwise. See Maine Revised Statutes Title 32 Sec. 11201
  • Commodity Exchange Act: means the Act of Congress known as the "Commodity Exchange Act" as amended to the effective date of this chapter, codified at the United States Code, title 7, § 1, et seq. See Maine Revised Statutes Title 32 Sec. 11201
  • Commodity Futures Trading Commission: means the independent regulatory agency established by Congress to administer the Commodity Exchange Act. See Maine Revised Statutes Title 32 Sec. 11201
  • Commodity Futures Trading Commission Rule: means any rule or order of the Commodity Futures Trading Commission in effect on the effective date of this chapter, and all subsequent amendments, additions or other revisions to any rule or order, unless the administrator, within 10 days following the effective date of any such amendment, addition or revision, disallows the application of any such amendment, addition or revision to this chapter or to any provision by rule or order. See Maine Revised Statutes Title 32 Sec. 11201
  • Commodity merchant: means any of the following, as defined or described in the Commodity Exchange Act or by Commodity Futures Trading Commission Rule:
  • A. See Maine Revised Statutes Title 32 Sec. 11201
  • Commodity option: means any account, agreement or contract giving a party to the account, agreement or contract the right, but not the obligation, to purchase or sell one or more commodities or one or more commodity contracts, or both, whether characterized as an option, privilege, indemnity, bid, offer, put, call, advance guaranty, decline guaranty or otherwise, but shall not include an option traded on a national securities exchange registered with the United States Securities and Exchange Commission. See Maine Revised Statutes Title 32 Sec. 11201
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Financial institution: means a bank, savings institution or trust company organized under, or supervised pursuant to, the laws of the United States or of any state. See Maine Revised Statutes Title 32 Sec. 11201
  • Fraud: Intentional deception resulting in injury to another.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • 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.
  • offer to sell: includes every offer to sell, offer to purchase or offer to enter into a commodity contract or commodity option. See Maine Revised Statutes Title 32 Sec. 11201
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means an individual, a corporation, a partnership, an association, a joint-stock company, a trust where the interests of the beneficiaries are evidenced by a security, an unincorporated organization, a government or a political subdivision of a government, but does not include, a contract market designated by the Commodity Futures Trading Commission or any clearinghouse of the Commodity Futures Trading Commission or a national securities exchange registered with the United States Securities and Exchange Commission, or any employee, officer or director of such contract market, clearinghouse or exchange acting solely in that capacity. See Maine Revised Statutes Title 32 Sec. 11201
  • Precious metal: means the following in either coin, bullion or other form:
  • A. See Maine Revised Statutes Title 32 Sec. 11201
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • sell: includes every sale, contract of sale, contract to sell or disposition, for value. See Maine Revised Statutes Title 32 Sec. 11201
  • United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72