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S.B. 91

Senate Floor Amendments

Amendment 1 January 26, 2012 11:34 AM

Senator Benjamin M. McAdams proposes the following amendments:

1.    Page 2, Line 54 through Page 3, Line 59 :    

             54          (2) The court in a suit brought under Subsection (1) may award an amount equal to
             55      three times the consideration paid for the security, together with interest, costs, and attorney
             56      fees, less any amounts, all as specified in Subsection (1) upon a showing that:
             57          (a) the violation was reckless or intentional; or
             58          (b) the violation was of Subsection 61-1-1 (2), was negligent, and
  it is demonstrated by clear and convincing evidence that the violation       involved an

             59      investment by a person over whom the violator exercised undue influence.

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