Section 26-B240. NOTICE FILINGS FOR OFFERINGS OF INVESTMENT COMPANY SECURITIES

 

240.1In the case of initial filings, issuers of securities that are federal covered securities under Section 18(b)(2) of the Securities Act of 1933 and that are not otherwise exempt under Section 18(b)(1) of the Securities Act of 1933 shall, prior to offering the securities to residents of the District of Columbia, file:

 

(a)A Form NF, Uniform Investment Company Notice Filing Form, or its successor;

 

(b)A Form U-2, a consent to service of process; and

 

(c)A filing fee as provided in §§ 249.4, 249.5, and 249.6.

 

240.2In the case of renewal filings, issuers of securities that are federal covered securities under Section 18(b)(2) of the Securities Act of 1933 and that are not otherwise exempt under Section 18(b)(1) of the Securities Act of 1933 that will continue to offer the securities to the residents of the District of Columbia after the expiration of a notice filing period shall file:

 

(a)A Form NF, Uniform Investment Company Notice Filing Form,;

 

(b)A Form U-2, a consent to service of process, or a statement that the previously filed Form U-2 is current; and

 

(c)A filing fee (including sales report, if applicable) as provided in §§ 249.4 or 249.5.

 

240.3In the case of final filings, issuers of securities that are federal covered securities under Section 18(b)(2) of the Securities Act of 1933 and that are not otherwise exempt under Section 18(b)(1) of the Securities Act of 1933 that will not continue to offer the securities to the residents of the District of Columbia after the expiration of the current notice filing period shall file a Form NF that indicates that the subject offering is being terminated or withdrawn, and pay a filing fee for the period (including sales report, if applicable) as provided in §§ 249.4, and 249.5.

 

240.4Initial notice filings shall be made before the issuer begins to offer or sell the securities that are the subject of the filing to residents of the District of Columbia. Renewal filings and final filings shall be filed on or before the 60th day following the last date of effectiveness of the filing that is being renewed or is the final filing.

 

240.5The effective period for initial notice filings of face amount certificate and open-end management companies shall begin on the later of the date on which the Department receives the last of the items required by § 240.1 for initial filings or the date on which the registration statement for the securities is declared effective by the SEC, and shall end on the last day of the issuer's fiscal year that occurs soonest after the beginning date. The effective period for renewal notice filings of face amount certificate and open-end management companies terms shall be for the twelve months beginning the day after the end of the initial period, provided that the filer complies with the renewal filing requirements in this section.

 

240.6The initial effective period for unit investment trusts and closed-end management companies shall be for the twelve months beginning on the later of the date on which the Department receives the last of the items required by § 240.1 or the date on which the registration statement for the securities is declared effective by the SEC. At the time of filing the unit investment trust filer may obtain an eighteen month period of effectiveness by submitting a request for the extended period that is accompanied by an additional fee as provided in § 249.5.

 

240.7The issuer shall notify the Department promptly of fundamental corporate changes, changes in the nature of the subject security, changes in the fiscal year of the issuer, name changes, address changes or changes in the name of the contact person or third party filer, by sending a letter to the Director, Securities Bureau, or by filing with the Department a copy of the amended documents filed with the SEC or a revised Form NF.

 

240.8Form NF may be filed with the Department in electronic form in compliance with instructions to be issued by the Commissioner.

 

240.9Form NF may be executed by an authorized individual by electronic signature in compliance with instructions to be issued by the Commissioner.

 

source

Amended by Emergency Rulemaking published at 47 DCR 9910 (December 15, 2000) [EXPIRED]; as amended by Emergency Rulemaking published at 48 DCR 1987 (March 2, 2001) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 48 DCR 3952 (May 4, 2001) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 48 DCR 9177 (October 5, 2001) [EXPIRED]; as amended by Final Rulemaking published at 48 DCR 10879 (November 30, 2001).