Download as PDF
292.327 Filing of documents with respect to covered securities -- Fees.
(1)
(2)
The commissioner may require the filing of any of the following documents with
respect to a covered security under Section 18(b)(2) of the Securities Act of
1933:
(a) Prior to the initial offer of such covered security in this state, all
documents that are part of a current federal registration statement filed
with the United States Securities and Exchange Commission under the
Securities Act of 1933 or a notice form adopted by the commissioner in
lieu thereof, together with a consent to service of process signed by the
issuer and with payment of a filing fee as follows:
1.
Five hundred dollars ($500) for an investment company, other than
a unit investment trust, that is registered or that has filed a
registration statement, under the Investment Company Act of 1940;
or
2.
Three hundred dollars ($300) for a unit investment trust that is
registered or that has filed a registration statement under the
Investment Company Act of 1940; and
(b) After the initial offer of such covered security in this state, all documents
that are part of an amendment to a current federal registration statement
filed with the United States Securities and Exchange Commission under
the Securities Act of 1933, or a notice form adopted by the commissioner
in lieu thereof, which shall be filed concurrently with the commissioner;
(c) Except for a notice filing by a unit investment trust, which shall be
effective indefinitely, all notice filings for such covered securities are
effective for a period of one (1) year upon receipt by the commissioner of
a properly completed filing, including the correct fee, unless another date
is requested by the issuer. An annual filing shall be required of an
open-end investment company that continuously offers or sells its
securities in this state, which filing shall consist of the documents
specified in paragraph (a) of this subsection, exclusive of the consent to
service of process, and a filing fee in the amount of five hundred dollars
($500). The annual renewal filing shall be effective upon the expiration of
the prior filing period if it is properly completed, including the correct fee,
and is received by the commissioner on or before the expiration date;
(d) Amendments to a notice filing are effective upon receipt by the
commissioner. Termination of a notice filing is effective upon receipt by
the commissioner of notice of the termination; and
(e) Notwithstanding the provisions of paragraphs (a) to (d) of this subsection,
for the period ended October 10, 1999, the commissioner may require the
registration of a covered security issued by any issuer for which a fee has
not been properly paid and the improper payment has not been remedied
within ten (10) business days following receipt of written notification from
the commissioner to the issuer of the nonpayment or underpayment of the
fee, as required by this chapter.
The commissioner shall require the filing of, with respect to any security that is
a covered security under Section 18(b)(4)(D) of the Securities Act of 1933, a
(3)
(4)
(5)
notice on SEC Form D, a two hundred fifty dollar ($250) filing fee, and a
consent to service of process signed by the issuer no later than fifteen (15)
days after the first sale of such covered security in this state.
The commissioner may require the filing of any document filed with the United
States Securities and Exchange Commission under the Securities Act of 1933
with respect to a covered security under Section 18(b)(3) or (4) of the
Securities Act of 1933, together with a filing fee in the amount of two hundred
fifty dollars ($250).
The commissioner may issue a stop order suspending the offer and sale of a
covered security, except a covered security under Section 18(b)(1) of the
Securities Act of 1933, upon finding that:
(a) The order is necessary or appropriate in the public interest or for the
protection of investors; and
(b) There is a failure to comply with any condition established under this
section.
The commissioner may waive any or all of the provisions of this section upon
finding that they are not necessary or appropriate in the public interest or for
the protection of investors.
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 861, effective July 15, 2010. -Created 1998 Ky. Acts ch. 20, sec. 11, effective July 15, 1998.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.