17-12a303.   Securities registration bycoordination.(a) Registration permitted. A security forwhich a registration statement has been filed under the securitiesact of 1933 in connection with the same offering may be registeredby coordination under this section.

      (b)   Required records. A registration statement andaccompanying records under this section must contain or beaccompanied by the following records in addition to the informationspecified inK.S.A. 17-12a305, and amendments thereto, and a consentto service ofprocess complying withK.S.A. 17-12a611, and amendmentsthereto:

      (1)   A copy of the latest form of prospectus filed under thesecurities act of 1933;

      (2)   a copy of the articles of incorporation and bylaws ortheir substantial equivalents currently in effect; a copy of anyagreement with or among underwriters; a copy of any indenture orother instrument governing the issuance of the security to beregistered; and a specimen, copy, or description of the security that isrequired by rule adopted or order issued under this act;

      (3)   copies of any other information or any other recordsfiled by the issuer under the securities act of 1933 requested by theadministrator; and

      (4)   an undertaking to forward each amendment to the federalprospectus, other than an amendment that delays the effective dateof the registration statement, promptly after it is filed with thesecurities and exchange commission.

      (c)   Conditions for effectiveness of registration statement.A registration statement under this section becomes effectivesimultaneously with or subsequent to the federal registrationstatement when all the following conditions are satisfied:

      (1)   A stop order under subsection (d) orK.S.A. 17-12a306, andamendments thereto, or issued by the securities and exchangecommission is not in effect, and a proceeding is not pending againstthe issuer underK.S.A. 17-12a306, and amendments thereto, and theadministrator hasnot given written notice of deficiencies that are unresolved and that wouldconstitute grounds for a stop order underK.S.A. 17-12a306, andamendments thereto;and

      (2)   the registration statement has been on file for at least20 days or a shorter period provided by rule adopted or order issued under thisact.

      (d)   Notice of federal registration statement effectiveness.The registrant shall promptly notify the administrator in a recordof the date when the federal registration statement becomeseffective and the content of any price amendment and shall promptlyfile a record containing the price amendment. If the notice is nottimely received, the administrator may issue a stop order, withoutprior notice or hearing, retroactively denying effectiveness to theregistration statement or suspending its effectiveness untilcompliance with this section. The administrator shall promptlynotify the registrant of an order by telephone or electronic meansand promptly confirm this notice by a record. If the registrantsubsequently complies with the notice requirements of this section,the stop order is void as of the date of its issuance.

      (e)   Effectiveness of registration statement. If the federalregistration statement becomes effective before each of theconditions in this section is satisfied or is waived by theadministrator, the registration statement is automaticallyeffective under this act when all the conditions are satisfied orwaived. If the registrant notifies the administrator of the datewhen the federal registration statement is expected to becomeeffective, the administrator shall promptly notify the registrantby a record, indicating whether all the conditions are satisfied orwaived and whether the administrator intends the institution of aproceeding underK.S.A. 17-12a306, and amendments thereto. Thenotice by theadministrator does not preclude the institution of such aproceeding.

      History:   L. 2004, ch. 154, § 13; July 1, 2005.