KRS § 292.327 — KY Code / Title XXV / Chapter 292 / Section 292.327
292.327 Filing of documents with respect to covered securities -- Fees
Status: in_force

292.327 Filing of documents with respect to covered securities -- Fees.

(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.