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Session Laws, 1997
Volume 795, Page 4859   View pdf image
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PARRIS N. GLENDENING, Governor

H.B. 877

(4)     A declaratory judgment;

(5)     The appointment of a receiver or conservator for the defendant or the
defendant's assets;

(6)     A freeze of the defendant's assets; [and]

(7)      RESCISSION;

(8)      RESTITUTION; AND

[(7)] (9) Any other relief as the court deems just.

11-703.

(a) (3) A person is civilly liable to another person if [he] THE PERSON:

(i) Acts as an investment adviser or representative in violation of §
11-302(c), § 11-401(b), § 11-402(b), or § 11-304(b) of this title or any rule or order
promulgated under it, except that an action [pursuant to] BASED ON a violation of §
11-402(b) of this title may not be maintained except by those persons who directly
received advice from the unregistered investment adviser representative; or

(ii) Receives, directly or indirectly, any consideration from another
person for advice as to the value of securities or their purchase or sale or for acting as an
investment adviser or representative under [§ 11-101(f) and (g)] § 11-101(H) AND (I) of
this title, whether through the issuance of analyses, reports, or otherwise, and employs
any device, scheme, or artifice to defraud such other person or engages in any act,
practice or course of business which operates or would operate as a fraud or deceit on
such other person.

11-802.

. (a) (1) Every [applicant] ISSUER FILING AN APPLICATION for registration
under this title and every issuer [which proposes to offer a security in this State through
any person acting on an agency basis in the common-law sense] FILING AN
APPLICATION FOR, REQUEST FOR, OR NOTICE OF AN EXEMPTION FROM
REGISTRATION UNDER THIS TITLE, OR A NOTICE UNDER § 11-503.1 OF THIS TITLE
shall file with the Commissioner, in the form which [he] THE COMMISSIONER by rule
prescribes, an irrevocable consent appointing the Commissioner or [his] THE
COMMISSIONER'S successor in office to be [his] THE ISSUER'S attorney to receive
service of any lawful process in any noncriminal suit, action, or proceeding against [him]
THE ISSUER or [his] THE ISSUER'S successor or personal representative which arises
under this title or any rules or order under this title after the consent has been filed, with
the same force and validity as if served personally on the person filing the consent;

(2)     A person who has filed the consent in connection with a previous
[registration] FILING need not file another.

(3)     Service may be made by leaving a copy of the process in the office of the
Commissioner, but it is not effective unless:

- 4859 -

 

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Session Laws, 1997
Volume 795, Page 4859   View pdf image
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