17-12a302.Notice filing.
(a) Required filing of records. With respect to
a federal covered security, as defined in section 18(b)(2) of the
securities act of 1933 (15 U.S.C. section 77r(b)(2)), that is not
otherwise exempt under
K.S.A. 17-12a201 through 17-12a203, and
amendments
thereto, a rule adopted or order issued under this act may require
the filing of any or all of the following records:
(1) Before the initial offer of a federal covered security in
this state, all records that are part of a federal registration
statement filed with the securities and exchange commission under
the securities act of 1933 and a consent to service of process
complying with
K.S.A. 17-12a611, and amendments thereto, signed by
the
issuer and the payment of a fee not to exceed $2,500;
(2) after the initial offer of the federal covered security in
this state, all records that are part of an amendment to a federal
registration statement filed with the securities and exchange
commission under the securities act of 1933; and
(3) to the extent necessary or appropriate to compute fees, a
report of the value of the federal covered securities sold or
offered to persons present in this state, if the sales data are not
included in records filed with the securities and exchange
commission and payment of a fee not to exceed $2,500.
(b) Notice filing effectiveness and renewal. A notice filing
under subsection (a) is effective for one year commencing on the
later of the notice filing or the effectiveness of the offering
filed with the securities and exchange commission. On or before
expiration, the issuer may renew a notice filing by filing a copy
of those records filed by the issuer with the securities and
exchange commission that are required by rule or order under this
act to be filed and by paying a renewal fee not to exceed $2,500.
A previously filed consent to service of process complying with
K.S.A. 17-12a611, and amendments thereto, may be incorporated by
reference in a renewal. A renewed notice filing becomes effective
upon the expiration of the filing being renewed.
(c) Notice filings for federal covered securities under
Section 18(b)(4)(D). With respect to a security that is a federal
covered security under section 18(b)(4)(D) of the securities act of
1933 (15 U.S.C. section 77r(b)(4)(D)), a rule under this act may require: (1)
A
notice filing by or on behalf of an issuer to
include a copy of form D, including the appendix, as promulgated by
the securities and exchange commission, and a consent to service of
process complying with
K.S.A. 17-12a611, and amendments thereto,
signed
by the issuer, not later than 15 days after the first sale of the
federal covered security in this state; and (2) the payment of a
fee not to exceed $2,500 for a timely filing and the payment of a
fee not to exceed $5,000 for any late filing.
(d) Stop orders. Except with respect to a federal security
under section 18(b)(1) of the securities act of 1933 (15 U.S.C.
section 77r(b)(1)), if the administrator finds that there is a
failure to comply with a notice or fee requirement of this section,
the administrator may issue a stop order suspending the offer and
sale of a federal covered security in this state. If the
deficiency is corrected, the stop order is void as of the time of
its issuance and no penalty may be imposed by the administrator
other than a late filing fee.
17-12a302.Notice filing.
(a) Required filing of records. With respect to
a federal covered security, as defined in section 18(b)(2) of the
securities act of 1933 (15 U.S.C. section 77r(b)(2)), that is not
otherwise exempt under
K.S.A. 17-12a201 through 17-12a203, and
amendments
thereto, a rule adopted or order issued under this act may require
the filing of any or all of the following records:
(1) Before the initial offer of a federal covered security in
this state, all records that are part of a federal registration
statement filed with the securities and exchange commission under
the securities act of 1933 and a consent to service of process
complying with
K.S.A. 17-12a611, and amendments thereto, signed by
the
issuer and the payment of a fee not to exceed $2,500;
(2) after the initial offer of the federal covered security in
this state, all records that are part of an amendment to a federal
registration statement filed with the securities and exchange
commission under the securities act of 1933; and
(3) to the extent necessary or appropriate to compute fees, a
report of the value of the federal covered securities sold or
offered to persons present in this state, if the sales data are not
included in records filed with the securities and exchange
commission and payment of a fee not to exceed $2,500.
(b) Notice filing effectiveness and renewal. A notice filing
under subsection (a) is effective for one year commencing on the
later of the notice filing or the effectiveness of the offering
filed with the securities and exchange commission. On or before
expiration, the issuer may renew a notice filing by filing a copy
of those records filed by the issuer with the securities and
exchange commission that are required by rule or order under this
act to be filed and by paying a renewal fee not to exceed $2,500.
A previously filed consent to service of process complying with
K.S.A. 17-12a611, and amendments thereto, may be incorporated by
reference in a renewal. A renewed notice filing becomes effective
upon the expiration of the filing being renewed.
(c) Notice filings for federal covered securities under
Section 18(b)(4)(D). With respect to a security that is a federal
covered security under section 18(b)(4)(D) of the securities act of
1933 (15 U.S.C. section 77r(b)(4)(D)), a rule under this act may require: (1)
A
notice filing by or on behalf of an issuer to
include a copy of form D, including the appendix, as promulgated by
the securities and exchange commission, and a consent to service of
process complying with
K.S.A. 17-12a611, and amendments thereto,
signed
by the issuer, not later than 15 days after the first sale of the
federal covered security in this state; and (2) the payment of a
fee not to exceed $2,500 for a timely filing and the payment of a
fee not to exceed $5,000 for any late filing.
(d) Stop orders. Except with respect to a federal security
under section 18(b)(1) of the securities act of 1933 (15 U.S.C.
section 77r(b)(1)), if the administrator finds that there is a
failure to comply with a notice or fee requirement of this section,
the administrator may issue a stop order suspending the offer and
sale of a federal covered security in this state. If the
deficiency is corrected, the stop order is void as of the time of
its issuance and no penalty may be imposed by the administrator
other than a late filing fee.
17-12a302.Notice filing.
(a) Required filing of records. With respect to
a federal covered security, as defined in section 18(b)(2) of the
securities act of 1933 (15 U.S.C. section 77r(b)(2)), that is not
otherwise exempt under
K.S.A. 17-12a201 through 17-12a203, and
amendments
thereto, a rule adopted or order issued under this act may require
the filing of any or all of the following records:
(1) Before the initial offer of a federal covered security in
this state, all records that are part of a federal registration
statement filed with the securities and exchange commission under
the securities act of 1933 and a consent to service of process
complying with
K.S.A. 17-12a611, and amendments thereto, signed by
the
issuer and the payment of a fee not to exceed $2,500;
(2) after the initial offer of the federal covered security in
this state, all records that are part of an amendment to a federal
registration statement filed with the securities and exchange
commission under the securities act of 1933; and
(3) to the extent necessary or appropriate to compute fees, a
report of the value of the federal covered securities sold or
offered to persons present in this state, if the sales data are not
included in records filed with the securities and exchange
commission and payment of a fee not to exceed $2,500.
(b) Notice filing effectiveness and renewal. A notice filing
under subsection (a) is effective for one year commencing on the
later of the notice filing or the effectiveness of the offering
filed with the securities and exchange commission. On or before
expiration, the issuer may renew a notice filing by filing a copy
of those records filed by the issuer with the securities and
exchange commission that are required by rule or order under this
act to be filed and by paying a renewal fee not to exceed $2,500.
A previously filed consent to service of process complying with
K.S.A. 17-12a611, and amendments thereto, may be incorporated by
reference in a renewal. A renewed notice filing becomes effective
upon the expiration of the filing being renewed.
(c) Notice filings for federal covered securities under
Section 18(b)(4)(D). With respect to a security that is a federal
covered security under section 18(b)(4)(D) of the securities act of
1933 (15 U.S.C. section 77r(b)(4)(D)), a rule under this act may require: (1)
A
notice filing by or on behalf of an issuer to
include a copy of form D, including the appendix, as promulgated by
the securities and exchange commission, and a consent to service of
process complying with
K.S.A. 17-12a611, and amendments thereto,
signed
by the issuer, not later than 15 days after the first sale of the
federal covered security in this state; and (2) the payment of a
fee not to exceed $2,500 for a timely filing and the payment of a
fee not to exceed $5,000 for any late filing.
(d) Stop orders. Except with respect to a federal security
under section 18(b)(1) of the securities act of 1933 (15 U.S.C.
section 77r(b)(1)), if the administrator finds that there is a
failure to comply with a notice or fee requirement of this section,
the administrator may issue a stop order suspending the offer and
sale of a federal covered security in this state. If the
deficiency is corrected, the stop order is void as of the time of
its issuance and no penalty may be imposed by the administrator
other than a late filing fee.