Notice of filings

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  • (a) A rule adopted or order issued under this Chapter may require the filing of any or all of the following records with respect to a security issued by an investment company that is a federal covered security, as defined in Section 18(b)(2) of the Securities Act of 1933 (15 U.S.C. Section 77r(b)(2)) that is not otherwise exempt under Section 611 through 613:

    • (1) before the initial offer of a federal covered security in this state, all records that are part of a federal registration statement filed with Securities and Exchange Commission under the Securities Act of 1933 or a uniform notice filing form a consent to service of process complying with Section 671 signed by the issuer, and the payment of a fee in an amount to be established by the rule adopted or order issued by the Administrator, but in no case shall the fee exceed $500 per fund or trust; and

    • (2) after the initial offer of the federal covered security in this State, all amendments to a uniform filing form or records that are part of an amendment to a federal registration statement filed with the Securities and Exchange Commission under the Securities Act of 1933.

    • (3) [Deleted.]

  • (b) A notice filing under subsection (a) is effective for one year commencing on the later of the Administrator's receipt of a uniform notice filing form or the effectiveness of the offering filed with the Securities and Exchange Commission. On or before expiration, the issuer may renew a notice filing by filing a current uniform notice filing form or a copy of those records filed by the issuer with Securities and Exchange Commission that required by rule or order under this chapter to be filed and by paying a renewal fee to be established by rule issued or order adopted by the Administrator, but in no case shall the fee exceed the initial notice filing fee. A previously filed consent to service of process complying with Section 611 may be incorporated by reference in renewal. A renewed notice filing becomes effective upon the expiration of the filing being renewed.

  • (c) With respect to any security that is a federal covered security under Section 18(b)(4)(D) of the Securities Act of 1933 (15 U.S.C. Section 77r(b)(4)(D)), a rule under this chapter may require a notice filing by or on behalf of an issuer to include a copy of Form D, including the Appendix, as promulgated by the Securities and Exchange Commission, and a consent to service of process complying with section 671 signed by the issuer not later than 15 days after the first sale of the federal covered security in this State and the payment of a fee to be established by rule adopted or order issued by the Administrator, but in no case shall the fee exceed $2,500; and a payment of a late fee to be determined by the Administrator, but in no case shall the late fee exceed $5,000.

  • (d) If the Administrator finds that there is a failure to comply with a notice or fee requirement of this section, the Administrator may issue a stop order suspending the offer and sale of a federal covered security in this State, except with respect to a federal covered security under Section 18(b)(1) of the Securities Act of 1933 (15 U.S.C. Section 77r(b)(1)). If the deficiency is corrected, the stop order is void as of the time of its issuance and no other penalty may be imposed by the Administrator.


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