Sec 44-3322. Amount and term of securities subject to notice filing  


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  • A. An open-end company or a unit investment trust shall file a notice in order to offer for sale or sell an indefinite amount of securities with the commission.

    B. The initial notice filing of an open-end company is effective from the later of receipt by the commission or the effective date with the SEC until two months after the end of the issuer's current fiscal year. After that period, the notice filing may be renewed by filing the following with the commission no later than the expiration date of the current notice period:

    1. The appropriate documents required by chapter 12 of this title and by the commission, by rule or otherwise.

    2. The sales report described in section 44-3323.

    3. The notice filing fees required by section 44-3324, subsection B.

    C. On timely completion of the renewal notice filing for an open-end company, the renewal is automatically effective from the end of the expiring notice period until two months after the end of the issuer's current fiscal year.

    D. The initial notice filing of a unit investment trust is effective for one year from the effective date of the registration with the SEC, regardless of when the notice filing was received in this state. After that period, the notice filing may be renewed by filing the following with the commission no later than the expiration of the current notice period:

    1. The appropriate documents required by chapter 12 of this title and by the commission, by rule or otherwise.

    2. The notice filing fees required by section 44-3324, subsection E, paragraph 1.

    E. On timely completion of the renewal notice filing for unit investment trusts, the renewal is automatically effective for one year from the end of the expiring notice period.

    F. The commission may adopt rules with respect to notice filings for investment companies other than open-end companies or unit investment trusts.