STATE OF MAINE SECURITIES DIVISION 121 STATE HOME FACILITY AUGUSTA, ME 04333
IN RE David Elliot L’Hoir, PayDay Today! Today U.S.A. Inc. and PayDay! U.S.A. Com, Inc.
NOTICE OF INTENT TO ISSUE CEASE AND DESIST PURCHASE 01-073
David Elliot LвЂ™Hoir (hereinafter named “LвЂ™Hoir”) may be the creator and present President and Chief Executive Officer of PayDay Today! Today U.S.A. Inc. and PayDay! U.S.A. Com, Inc. (hereinafter collectively referred to as “PayDay”). PayDay is incorporated pursuant towards the regulations for the State of Nevada. PayDay runs a string of monetary facilities in Southern Ca and it has a loan that is national center in Fort Lauderdale, Florida. PayDay runs via an internet website target. and advertises it self as having stores that are retail-affiliated.
PayDay is into the continuing business of providing deferred deposit loans to customers. These loans are little, short term loans that need payment inside a time period that is relatively short. The consumer provides PayDay with a personal check and receives cash less the interest and fees charged by PayDay in a payDay loan transaction. The check will be held for a scheduled duration of the time, generally speaking through to the consumerвЂ™s next payday, or a single or period that is two-week ergo the expression “payday” loan. PayDay individuals are charged fees that are annual typical 360% associated with the financial obligation principal.
Fleetingly thereafter, this Maine resident received within the mail a package of investment product associated with PayDay. In this material, LвЂ™Hoir represented which he ended up being supplying a “4% month-to-month return collateralized by receivable (client Checks)” in substitution for the absolute minimum investment in PayDay of $10,000. LвЂ™Hoir further represented which he ended up being investors that are seeking purchase to increase money of $2,000,000 for PayDay. Pursuant to LвЂ™HoirвЂ™s investment scheme, investors get an email and wthhold the choice of retiring this note provided ninety daysвЂ™ notice is offered.
By page dated, the Maine resident who had previously been solicited by LвЂ™Hoir, penned to your Securities Division to advise of LвЂ™HoirвЂ™s solicitation and offered the Securities Division utilizing the package delivered by LвЂ™Hoir.
Due to becoming alert to this solicitation, the Securities Division published to LвЂ™Hoir by page dated April 30, 2001 notifying him that, pursuant to the Revised Maine Securities Act, 32 M.R.S.A. 10101 et seq. (“the Act”), it really is illegal for anybody to offer or provide to market any protection in Maine unless the safety is registered, or the safety or deal is exempt from enrollment underneath the Act. The Securities Division further notified LвЂ™Hoir that it’s additionally illegal underneath the Act to transact company in Maine being a broker-dealer or product product product sales agent unless exempt or licensed from certification. Additionally, the Securities Division notified LвЂ™Hoir that misrepresentations and omissions of product reality produced in reference to a sale and offer of securities constitute fraudulence underneath the Act.
The securities Division requested LвЂ™Hoir to review his records and provide the Securities Division with a list of all Maine residents with whom LвЂ™Hoir has had contact at any time in connection with the offer or sale of PayDay notes in this letter.
Additionally, the Securities Division notified LвЂ™Hoir that, he should cease soliciting sales of PayDay notes until he complied with Maine law.
LвЂ™Hoir has did not react to the Securities DivisionвЂ™s page dated. In specific, LвЂ™Hoir has neglected to supply the Securities Division with a summary of all Maine residents with who LвЂ™Hoir has received contact regarding the the offer or purchase of PayDay records or an assurance he will stop soliciting Maine residents for product product product sales of PayDay notes.
The solicitation and pooling of investorsвЂ™ monies with all the expectation that the investors will get a return on the monies as a total outcome of purchasing PayDay comprises a good investment agreement. A good investment agreement is just a protection under 32 best online payday loans M.R.S.A. В§10501 (18).
It really is illegal to supply or offer any protection in Maine unless the safety is registered, is exempt from enrollment or perhaps is a federal covered protection under 32 M.R.S.A. В§10401.
The Securities Division doesn’t have record that PayDay securities have now been registered for offer or purchase in Maine. Additionally, the Securities Division just isn’t conscious of any relevant exemption from enrollment which is why PayDay securities might qualify, nor would be the securities federal covered securities.
It really is illegal for just about any person to transact company in Maine being a broker-dealer in Maine unless the broker-dealer is certified or exempt from licensing under 32 M.R.S.A. В§10301(2). The Securities Division does not have any record that either LвЂ™Hoir or PayDay is certified as a broker-dealer in Maine.
Its illegal for just about any individual to transact company in Maine being product sales agent unless certified or exempt from licensing under 32 M.R.S.A. В§10301 (2). The Securities Division does not have any record that LвЂ™Hoir is certified being a sales agent in Maine and it’s also maybe perhaps maybe not conscious of any relevant exemption from certification which is why he could qualify.
Pursuant to 32 M.R.S.A. В§10708, notice is hereby considering the fact that the Securities Administrator promises to issue a purchase to Cease and Desist pursuant to 32 M.R.S.A. В§10602(1)(A) against LвЂ™Hoir and PayDay to prohibit further violations associated with the Revised Maine Securities Act.
Pursuant to 32 M.R.S.A. В§ 10708(2), LвЂ™Hoir and PayDay have actually thirty (30) calendar times through the entry with this Notice of Intent to register a written ask for a hearing.
Christine A. Bruenn ________________________________
Christine A. Bruenn Securities Administrator