44-3325. Notice filings by closed-end
companies
A. Securities that are issued by a closed-end company may be offered for sale and
sold in this state if the commission receives all of the following from the closed-end
company:
1. The documents that are filed with the SEC and that are required by the
commission.
2. A consent to service of process.
3. A notice filing fee calculated pursuant to this section.
B. A notice filing is effective and renewable on the filing date with the
commission or the effective date with the SEC, whichever occurs last, and the notice
filing is effective for one year from that date.
C. A closed-end company shall include with the company's notice filing a notice
filing fee of one-tenth of one per cent of the aggregate offering price of securities
sold in this state, but the fee shall not be less than two hundred dollars and not more
than two thousand dollars. The amount by which a notice filing fee exceeds one thousand
five hundred dollars shall be allocated to the commerce and economic development
commission fund established by section 41-1505.10.
D. A closed-end company shall file a report of all sales of securities to persons
in this state during the period of the notice filing. The closed-end company shall file
the report with the commission within sixty days after the termination date of the
offering within this state or the expiration date of the notice filing, whichever occurs
first. A closed-end company that fails to timely file a report of sales shall pay a late
filing fee of two hundred dollars.
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