RULE 590-4-2-.01 - Federal Covered Security Notice Filing Requirement for Investment Companies

RULE 590-4-2-.01. Federal Covered Security Notice Filing Requirement for Investment Companies

(1) An issuer of a federal covered security under Section 18(b)(2) of the Securities Act of 1933 (i.e., an investment company that is registered, or that has filed a registration statement, under the Investment Company Act of 1940), that is not otherwise exempt under Sections 10-5-10 through 10-5-12 of the Act, is required to submit a notice filing as set forth in subsection (2) with respect to each security sold before the initial offer of the federal covered security in this state.

(2) Each required notice filing under this Rule shall include the following:

(a) All records that are part of the federal registration statement filed with the Securities and Exchange Commission under the Securities Act of 1933, 15 U.S.C. Section 77 a, et seq.;

(b) A consent to service of process complying with Section 10-5-80 of the Act; and

(c) A non-refundable filing fee of $250.00.

(3) A notice filing under this Rule is effective for one (1) year commencing on the later of the notice filing 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 copy of those records filed by the issuer with the Securities and Exchange Commission and by paying a renewal fee of $100.00. A previously filed consent to service of process complying with Section 10-5-80 of the Act may be incorporated by reference in a renewal. A renewed notice filing becomes effective upon the expiration of the filing being renewed and shall be effective for one (1) year after effectiveness.

(4) This Rule shall apply to all Offerings in which any sale is made within, or to any person in, the State of Georgia on or after the thirtieth (30th) day following the date of adoption hereof.

(Original Rule entitled "Warrants or Stock Options" adopted. F. and eff. July 19, 1965. Amended: ER. 590-4-2-0.5-.01 entitled "Qualifications for Registration" adopted. F. and eff. Apr. 1, 1974, the date of adoption. Amended: Permanent Rule of same title adopted. F. July 5, 1974; eff. July 25, 1974. Amended: F. Dec. 9, 1980; eff. Dec. 29, 1980. Repealed: New Rule of same title adopted. F. Apr. 13, 1983; eff. May 3, 1983. Amended: F. Jan. 16, 1984; eff. Feb. 5, 1984. Repealed: New Rule of same title adopted. F. Feb. 24, 1987; eff. Mar. 16, 1987. Repealed: New Rule of same title adopted. F. Dec. 21, 2004; eff. Jan. 10, 2005. Repealed: New Rule entitled "Federal Covered Security Notice Filing Requirement for Investment Companies" adopted. F. Nov. 18, 2011, Dec. 8, 2011.)

O.C.G.A. Secs. 10-5-3, 10-5-4, 10-5-10, 10-5-21, 10-5-70, 10-5-74, 10-5-80.

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