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February 13, 2012

AG: Treasurer cannot run businesses

Prompted by inquiries from a lawmaker, Maine’s Attorney General has concluded that Treasurer Bruce Poliquin cannot engage in business activity during his term. Attorney General William Schneider said the treasurer should appoint third parties to handle active management of any business venture.

Schneider’s letter is in response to inquiries from Rep. Mark Dion, D-Portland, who questioned whether Poliquin’s role as clerk and registered agent of Dirigo Holdings LLC and owner of the Popham Beach Club violate state rules. The Maine Democratic Party also filed an ethics complaint against Poliquin. According to Schneider, the treasurer can continue to hold personal investments, but that he should “dissociate himself from the active management of any entities in which he is invested and any entities in which he is the sole owner or principal or agent.” Poliquin has said that third parties manage his business and holdings. Schneider acknowledged that “there is very little guidance” about applying Maine law barring the treasurer from business activities.

However, the attorney general also stated that the treasurer cannot appear before any governmental bodies on behalf of any entities he owns. According to the Portland Press Herald, Poliquin has appeared before the town of Phippsburg to seek permission to expand activities at the beach club. It’s unclear what, if anything, will happen with the matter now.

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