12 CFR 1010.17 – Advisory opinion
(a) General. A developer may request an opinion from the Director as to whether an offering qualifies for an exemption or is subject to the jurisdiction of the Act.
Terms Used In 12 CFR 1010.17
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(b) Requirements. All requests for Advisory Opinions must be accompanied by the following:
(1) A $500.00 filing fee submitted in accordance with § 1010.35(a). This fee is not refundable.
(2) A comprehensive description of the conditions and operations of the offering. There is no prescribed format for submitting this information, but the developer should at least cite the applicable statutory or regulatory basis for the exemption or lack of jurisdiction and thoroughly explain how the offering either satisfies the requirements for exemption or falls outside the purview of the Act.
(3) An affirmation as set forth in section VI of the appendix to this part: Developer’s Affirmation for Advisory Opinion.