44-1848. Registration of dealers and salesmen dealing with certain exempt securities or engaging in certain exempt transactions; exemptions

314 words·~1 min read·/az/title-44/44-1848

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A. A dealer or salesman who engages in transactions involving variable contracts, which are exempt under section 44-1843, subsection A, paragraph 4, must register with the commission pursuant to article 9 of this chapter.

B. Notwithstanding any other law, the commission may by rule require that any dealer or salesman who engages in transactions involving securities exempt under section 44-1843, subsection A, paragraph 1, 7 or 9, who engages in transactions involving securities issued by a nonprofit organization which is engaged in, intends to engage in, controls, finances, or lends funds or property to other entities engaged in the construction, operation, maintenance or management of a hospital, sanitarium, rest home, clinic, medical hotel, mortuary, cemetery, mausoleum or other similar facilities or who engages in transactions described in section 44-1844, subsection A, paragraph 1, 4, 11 or 18 or section 44-1845 shall be registered under article 9 of this chapter.

C. Any rule adopted pursuant to this section shall require registration of a dealer or salesman engaged in transactions described in section 44-1844, subsection A, paragraph 1 only if such dealer or salesman is engaged principally and primarily in the business of making a series of private offerings. For the purposes of this subsection, "series" means in excess of four private offerings in any consecutive twelve-month period.

D. Subsection B of this section does not apply to transactions involving the following securities:

1. Securities issued by those financial institutions and enterprises licensed and regulated pursuant to title 6.

2. Stock and stock options issued pursuant to an employee stock option plan.

3. Promissory notes issued in the normal course of business.

4. Securities issued to corporations not formed for the purpose of evasion of this section.

5. Securities issued in exchange for all or substantially all of the capital stock of another corporation.

6. Such other securities transactions as the commission may exempt by rule.