Mich. Admin. Code R. 451.2.1 - Not-for-profit securities
Rule 2.1.
(1) The
offer or sale of a note, bond, debenture, or other evidence of indebtedness by
a person described in section 201(g) of the act, MCL 451.2201(g), qualifies for
the self-executing exemption set forth in section 201(g), MCL 451.2201(g) only
if the aggregate sales price of the issuance of the securities is $500,000.00
or less, and sold to a bona fide member of the issuing organization without
payment of a commission or consulting fee.
(2) The offer or sale of a note, bond,
debenture, or other evidence of indebtedness that does not qualify for the
self-executing exemption described in subrule (1) of this rule shall file with
the administrator a request for exemption pursuant to section 201(g) of the
act, MCL 451.2201(g), and shall comply with subrules (6) to (10) of this
rule.
(3) The administrator shall
apply the applicable statement of policy adopted by NASAA as listed in subrule
(2) of this rule when reviewing requests for exemption authorization pursuant
to section 201(g) of the act, MCL 451.2201(g).
(4) The following statements of policy are
adopted by reference:
(a) "Church Bonds" as
adopted by NASAA on April 14, 2002. A copy of this policy can be obtained from
NASAA, 750 First Street, NE, Suite 1140, Washington, DC 20002, and is available
for free online at http://www.nasaa.org, or from the Michigan
department of licensing and regulatory affairs, corporations, securities, and
commercial licensing bureau, P.O. Box 30018, Lansing, MI 48909 for a cost as
prescribed in R 451.6.2.
(b)
"Church Extension Fund Securities" as amended and published by NASAA on April
18, 2004. A copy of this policy can be obtained from NASAA, 750 First Street,
NE, Suite 1140, Washington, DC 20002, and is available for free online at
http://www.nasaa.org, or from the
Michigan department of licensing and regulatory affairs, corporations,
securities, and commercial licensing bureau, P.O. Box 30018, Lansing, MI 48909
for a cost as prescribed in R 451.6.2.
(5) The administrator may require a
cross-reference table be included in a request for exemption authorization to
indicate compliance with, or deviation from, the various sections of the
applicable NASAA statement of policy.
(6) The request for exemption authorization
for an offering of church bonds shall include the documents listed in section
II.A.3. of the NASAA statement of policy "Church Bonds".
(7) All sales and advertising literature must
be filed with the administrator prior to use and must comply with the
applicable NASAA statement of policy.
(8) Each request for exemption under section
201(g) of the act, MCL 451.2201(g), must include a nonrefundable filing fee of
$250.00.
(9) The securities that
qualify for an exemption under subrule (2) of this rule are exempt when ordered
by the administrator, and the exemption is effective for 1 year from the date
that the securities were ordered exempt.
(10) If the securities offering is not
completed during the effective period, an issuer may renew the exemption by
submitting to the administrator a written request for renewal that includes any
amendments to the documents filed with the initial request for exemption and a
nonrefundable filing fee of $250.00. The issuer shall file the written request
for renewal with the administrator within 30 days before the end of the 1 year
effective date. With each renewal, the administrator may require a
cross-reference sheet to demonstrate compliance with the applicable NASAA
statement of policy.
Notes
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