57-19-6 — Effective date of application.
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57-19-6. Effective date of application.
(1) An application for registration filed pursuant to Section 57-19-5 is effective upon the expiration of 30 business days following its filing with the director, unless:
(a) an order denying the application pursuant to Section 57-19-13 is in effect;
(b) a prior effective date has been ordered by the director; or
(c) the director has, prior to that date, notified the applicant of a defect in the registration application.
(2) An applicant may consent to the delay of effectiveness until the director by order declares the registration to be effective.
(3) Notwithstanding Section 57-19-4, the division may grant a temporary permit allowing the developer to begin a sales program while the registration is in process. To obtain a temporary permit, the developer shall:
(a) submit an application to the division for a temporary permit in the form required by the division;
(b) submit a substantially complete application for registration to the division, including all appropriate fees and exhibits required under Section 57-19-5, plus a temporary permit fee of $100;
(c) provide evidence acceptable to the division that all funds received by the developer or marketing agent will be placed into an independent escrow with instructions that funds will not be released until a final registration has been granted;
(d) give to each purchaser and potential purchaser a copy of the proposed property report that the developer has submitted to the division with the initial application; and
(e) give to each purchaser the opportunity to cancel the purchase in accordance with Section 57-19-12. The purchaser shall have an additional opportunity to cancel upon the issuance of an approved registration if the division determines that there is a substantial difference in the disclosures contained in the final property report and those given to the purchase in the proposed property report.
(1) An application for registration filed pursuant to Section 57-19-5 is effective upon the expiration of 30 business days following its filing with the director, unless:
(a) an order denying the application pursuant to Section 57-19-13 is in effect;
(b) a prior effective date has been ordered by the director; or
(c) the director has, prior to that date, notified the applicant of a defect in the registration application.
(2) An applicant may consent to the delay of effectiveness until the director by order declares the registration to be effective.
(3) Notwithstanding Section 57-19-4, the division may grant a temporary permit allowing the developer to begin a sales program while the registration is in process. To obtain a temporary permit, the developer shall:
(a) submit an application to the division for a temporary permit in the form required by the division;
(b) submit a substantially complete application for registration to the division, including all appropriate fees and exhibits required under Section 57-19-5, plus a temporary permit fee of $100;
(c) provide evidence acceptable to the division that all funds received by the developer or marketing agent will be placed into an independent escrow with instructions that funds will not be released until a final registration has been granted;
(d) give to each purchaser and potential purchaser a copy of the proposed property report that the developer has submitted to the division with the initial application; and
(e) give to each purchaser the opportunity to cancel the purchase in accordance with Section 57-19-12. The purchaser shall have an additional opportunity to cancel upon the issuance of an approved registration if the division determines that there is a substantial difference in the disclosures contained in the final property report and those given to the purchase in the proposed property report.
Amended by Chapter 86, 2000 General Session