Arizona Laws 44-1843.02. Special filing requirements for certain exempt or federal covered securities
A. Any advertising and sales material, other than the notices required by law to be published or posted, that is used in connection with offers or sales to the public of any of the securities to which Section 44-1843.01, subsection A applies shall be filed with the division three business days before its proposed use. The filing required by this section shall be made by the nongovernmental user, dealer or underwriter.
Terms Used In Arizona Laws 44-1843.02
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Division: means the securities division of the commission. See Arizona Laws 44-1801
- Issuer: means any person who issues or proposes to issue any security, except:
(a) With respect to certificates of deposit, voting-trust certificates, collateral-trust certificates, certificates of interest or shares in an unincorporated investment trust, whether or not of the fixed, restricted management or unit type, issuer means the person or persons performing the acts and assuming the duties of depositor or manager pursuant to the provisions of the trust or other agreement or instrument under which such securities are issued. See Arizona Laws 44-1801
- Person: means an individual, corporation, partnership, association, joint stock company or trust, limited liability company, government or governmental subdivision or agency or any other unincorporated organization. See Arizona Laws 44-1801
- SEC: means the United States securities and exchange commission. See Arizona Laws 44-1801
- Service of process: The service of writs or summonses to the appropriate party.
- Underwriter: means a person who has acquired from an issuer with a view to, or sells for an issuer in connection with, the distribution of any securities or participates or has a direct or indirect participation in such undertaking, or participates or has a participation in the direct or indirect underwriting of such undertaking. See Arizona Laws 44-1801
- United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
B. Issuers of securities that are described as covered securities in section 18(b)(3) of the securities act of 1933 shall file concurrently with the commission any document filed with the SEC under the securities act of 1933. If the issuer is not a corporation or other entity organized under the laws of this state, the issuer shall file a consent to service of process that complies with section 44-1862. At the time of the issuer’s initial filing with the commission, the issuer shall pay a fee of one hundred dollars.
C. Issuers of securities that are described as covered securities in section 18(b)(4)(D) of the securities act of 1933 shall file with the commission not later than fifteen calendar days after the first sale of securities in or from this state one copy of a notice on form D. The notice on form D shall contain a manual or facsimile signature of a person duly authorized by the issuer and is considered filed with the commission on receipt at the commission’s Phoenix office or as of the date on which the notice is mailed by United States registered or certified mail to the commission’s Phoenix office if the notice is delivered to that office after the date on which the notice is required to be filed. The issuer shall pay the initial filing fee prescribed in section 44-1861, subsection E.
D. Section 44-1842 applies to federal covered securities transactions unless an exemption is available under another provision of this chapter.