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  STATE OF MAINE

  OFFICE OF SECURITIES

  121 STATE HOUSE STATION

  AUGUSTA, MAINE 04333

 

________________________________

  )

IN THE MATTER OF:  )

  )

Landmark Financial Services, Inc.  )

(CRD #122568) and  )  CONSENT AGREEMENT 

James F. Jurczak   )

(CRD #2032940)  )    No. 04-083-CAG

  )

________________________________)

 

 

 

  This Agreement is entered into by the State of Maine Office of Securities ("Securities"), Landmark Financial Services, Inc. (“Landmark”), CRD #122568, an investment adviser company with a principal place of business at 99 Western Avenue, P.O. Box 117, Augusta, Maine, 04330, and James F. Jurczak (“Jurczak”), CRD# 2032940, an investment adviser representative affiliated with Landmark.

 

 

  WHEREAS, the parties agree as follows:

 

1.                  Pursuant to 32 M.R.S.A. § 10303(1), a person may not act in Maine as an investment adviser representative unless licensed or exempt from licensing under the Revised Maine Securities Act;

 

2.                  Pursuant to 32 M.R.S.A. § 10303(3) it is unlawful for an investment adviser licensed or required to be licensed under the Revised Maine Securities Act to employ or contract with an individual as a representative of the investment adviser in Maine unless the individual is licensed;

 

3.                  Securities has reviewed Jurczak’s licensing record and has found that Jurczak has never held an investment adviser representative’s license in Maine;

 

4.                  It is Securities’ position that Jurczak has acted as an investment adviser representative in Maine without being licensed or exempt from licensing; and

 

 

5.                  All parties desire an expeditious resolution of this matter.

 

 

NOW THEREFORE, without trial or adjudication of any issue of fact or law, and without Jurczak or Landmark admitting or denying that their conduct violated the Revised Maine Securities Act, it is agreed that:

 

  Jurczak and Landmark will comply with all licensing and other legal requirements governing persons acting as investment advisers and investment adviser representatives in the State of Maine at all times from the date hereof;

 

  In lieu of Securities seeking the imposition of a penalty for the allegations contained herein, Jurczak and Landmark will pay the sum of $1,500.00 to Securities upon Jurczak’s and Landmark’s execution of this Agreement; and

 

  Securities will not take further action against Jurczak and Landmark based upon the unlicensed status of Jurczak during the period preceding and including the date of execution of the Agreement.

 

 

  Landmark Financial Services, Inc.

  By:

 

March 22, 2004    /s/ James F. Jurczak

Date  Signature

 

  James F. Jurczak

(printed name)

 

  Its President

 

 

March 22, 2004    /s/ James F. Jurczak

Date  James F. Jurczak

 

 

March 31, 2004    /s/ Christine A. Bruenn

Date  Christine A. Bruenn

    Securities Administrator


Reviewed by:

 

March 31, 2004    /s/ Christina V. Breen

Date  Christina V. Breen

  Assistant Securities Administrator

 

Submitted by:

 

March 24, 2004      /s/ Christian D. Van Dyck

Date  Christian D. Van Dyck

  Investigator/Examiner