3 AAC 08.085. Notice filings for offerings of investment company securities, face-amount certificate companies, and unit investment trusts

(a) Except as provided in (b) of this section, an investment company, face-amount certificate company, or unit investment trust that is registered under 15 U.S.C. 80a-1 - 80a-64 (Investment Company Act of 1940) or that has currently filed a registration statement under 15 U.S.C. 77a - 77bbbb (Securities Act of 1933) is not required to file with the administrator, either before or after the initial offer in this state of a federal covered security of the type described in 15 U.S.C. 77r(b)(2) (sec. 18(b)(2) of the Securities Act of 1933), a copy of any document that is part of a federal registration statement filed with the SEC or is part of an amendment to that federal registration statement.

(b) An investment company, face-amount certificate company, or unit investment trust that is registered under 15 U.S.C. 80a-1 - 80a-64 (Investment Company Act of 1940) or that has filed a registration statement under 15 U.S.C. 77a - 77bbbb (Securities Act of 1933) shall file upon written request of the administrator, and within the time period set forth in the request, a copy of any document, identified in the request, that is part of the federal registration statement filed with the SEC or part of an amendment to that federal registration statement.

(c) Before offering or selling a federal covered security of the type described in 15 U.S.C. 77r(b)(2) (sec. 18(b)(2) of the Securities Act of 1933), the issuer shall file with the administrator, for each individual fund for which notice is being made,

(1) a NASAA Form NF, or its successor, or the first page of a NASAA Form U-1, or its successor, or any other form as the administrator prescribes that is part of the filing with the SEC or a uniform filing form;

(2) a consent to service of process, or NASAA Form U-2; and

(3) the fee required by 3 AAC 08.920(a) (4).

(d) A notice filing under this section is effective

(1) only if the administrator receives each item required by (c) of this section; and

(2) on the date that the administrator receives the last of the items required by (c) of this section.

(e) A notice filing under this section is valid for one year from the effective date established under (d) of this section, or for two years from that date if, when submitting the items required by (c) of this section, the issuer paid the fee required by 3 AAC 08.920(a) (4) for an automatic extension. To renew a notice, the issuer must submit the items required by (c) of this section, as if the issuer were making an initial filing.

History: Eff. 4/19/2000, Register 154

Authority: AS 45.55.075

AS 45.55.110

AS 45.55.950

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