(65.) For example, section 101 of the Uniform Securities Act makes it unlawful for any person, in connection with the offer, sale, or purchase of any security, directly or indirectly
(67.) Section 410 of the Uniform Securities Act expressly provides a private right of action against one that offers or sells securities through "any untrue statement of a material fact." Id.
Section 101 of the Uniform Securities Act is modeled after Rule 10b-5 and Section 10(b) of the Securities Exchange Act of 1934.
While Section 410(h) of the Uniform Securities Act expressly prohibits a court from implying that right of action, many states have not adopted this portion of Section 410(h).
It was believed that adoption of a more modern and
uniform securities act would promote legitimate capital formation and improve the state's reputation among investment managers and entrepreneurs as a place to do business.
The National Conference of Commissioners on Uniform Laws (NCCUL) promulgated the
Uniform Securities Act of 1956, which has been adopted at one time or another, in whole or in part, by 37 jurisdictions.