292.327 Filing of documents with respect to covered securities -- Fees.
698 words·~3 min read·
/ky/chapter-292/292-327A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)The commissioner may require the filing of any of the following documents with
respect to a covered security under Section 18(b)(2) of the Securities Act of 1933:
(a)Prior to the initial offer of such covered security in this state, all documents
that are part of a current federal registration statement filed with the United
States Securities and Exchange Commission under the Securities Act of 1933
or a notice form adopted by the commissioner in lieu thereof, together with a
consent to service of process signed by the issuer and with payment of a filing
fee as follows:
1. Five hundred dollars ($500) for an investment company, other than a
unit investment trust, that is registered or that has filed a registration
statement, under the Investment Company Act of 1940; or
2. Three hundred dollars ($300) for a unit investment trust that is registered
or that has filed a registration statement under the Investment Company
Act of 1940; and
(b)After the initial offer of such covered security in this state, all documents that
are part of an amendment to a current federal registration statement filed with
the United States Securities and Exchange Commission under the Securities
Act of 1933, or a notice form adopted by the commissioner in lieu thereof,
which shall be filed concurrently with the commissioner;
(c)Except for a notice filing by a unit investment trust, which shall be effective
indefinitely, all notice filings for such covered securities are effective for a
period of one
(1)year upon receipt by the commissioner of a properly
completed filing, including the correct fee, unless another date is requested by
the issuer. An annual filing shall be required of an open-end investment
company that continuously offers or sells its securities in this state, which
filing shall consist of the documents specified in paragraph
(a)of this
subsection, exclusive of the consent to service of process, and a filing fee in
the amount of five hundred dollars ($500). The annual renewal filing shall be
effective upon the expiration of the prior filing period if it is properly
completed, including the correct fee, and is received by the commissioner on
or before the expiration date;
(d)Amendments to a notice filing are effective upon receipt by the commissioner.
Termination of a notice filing is effective upon receipt by the commissioner of
notice of the termination; and
(e)Notwithstanding the provisions of paragraphs
(a)to
(d)of this subsection, for
the period ended October 10, 1999, the commissioner may require the
registration of a covered security issued by any issuer for which a fee has not
been properly paid and the improper payment has not been remedied within
ten
(10)business days following receipt of written notification from the
commissioner to the issuer of the nonpayment or underpayment of the fee, as
required by this chapter.
(2)The commissioner shall require the filing of, with respect to any security that is a
covered security under Section 18(b)(4)(D) of the Securities Act of 1933, a notice
on SEC Form D, a two hundred fifty dollar ($250) filing fee, and a consent to
service of process signed by the issuer no later than fifteen
(15)days after the first
sale of such covered security in this state.
(3)The commissioner may require the filing of any document filed with the United
States Securities and Exchange Commission under the Securities Act of 1933 with
respect to a covered security under Section 18(b)(3) or
(4)of the Securities Act of
1933, together with a filing fee in the amount of two hundred fifty dollars ($250).
(4)The commissioner may issue a stop order suspending the offer and sale of a covered
security, except a covered security under Section 18(b)(1) of the Securities Act of
1933, upon finding that:
(a)The order is necessary or appropriate in the public interest or for the
protection of investors; and
(b)There is a failure to comply with any condition established under this section.
(5)The commissioner may waive any or all of the provisions of this section upon
finding that they are not necessary or appropriate in the public interest or for the
protection of investors.