reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 1 - Secretary of State › Part 13 - Regulation and Enforcement - Scrap Metal Dealer Regulation › Chapter 11 - Metal Unit Administrative Procedures › Rule 1-13-11.1 - Variance

Current through June 25, 2024
The Secretary of State may grant variances from these Rules
				  if it is determined that application of the Rules would, in the particular
				  case, be unnecessarily burdensome, and such variance would not be inconsistent
				  with the public policy purposes of the Act.
Miss. Code
				  Ann. §
										97-17-71.1(1)(b).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 13 - Regulation and Enforcement - Scrap Metal Dealer Regulation › Chapter 11 - Metal Unit Administrative Procedures › Rule 1-13-11.2 - Severability

Current through June 25, 2024
If any one or more of these Rules, or any part of any Rule
				  is found to be invalid by any court of competent jurisdiction, such finding
				  shall not affect the validity of any other Rule or the remaining content of any
				  part of a Rule that is not found to be invalid. Further, if any one or more of
				  these Rules, or any part of any Rule, is superseded, amended, or contradicted
				  by subsequent legislation, such amendment or change by subsequent legislation
				  in no way invalidates any other part of a Rule or any other Rules not addressed
				  or impacted by subsequent legislative action.
Miss. Code
				  Ann. §
										97-17-71.1(1)(b).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 13 - Regulation and Enforcement - Scrap Metal Dealer Regulation › Chapter 11 - Metal Unit Administrative Procedures › Rule 1-13-11.3 - Oral Opinions

Current through June 25, 2024
Oral or informal opinions by the staff of the Division as to
				  the applicability of the Act and oral or informal representations by the staff
				  of the Division concerning the status of filings made with the Division are not
				  binding upon the Division. Requestors can obtain a written declaratory opinion
				  from the Division by following the procedures described in the Secretary of
				  State's Rule on Declaratory Opinions.
Miss. Code
				  Ann. §
										97-17-71.1(1)(b).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 13 - Regulation and Enforcement - Scrap Metal Dealer Regulation › Chapter 11 - Metal Unit Administrative Procedures › Rule 1-13-11.4 - Administrative Hearing Procedures

Current through June 25, 2024
Administrative Hearing Procedures
A. Written notice shall be provided to any
				Scrap Metal Dealer or other person against whom the Attorney General or
				Secretary of State intends to institute an administrative hearing pursuant to
				the Act or these Rules.
B. Such
				notice shall be by certified mail, return receipt requested, and shall set
				forth the date, time and place for the administrative hearing and shall also
				designate a Hearing Officer.
C. Any
				Party wishing to appear or introduce evidence or other testimony at the
				administrative hearing shall, no later than four (4) business days prior to the
				hearing date, file with the Hearing Officer and the opposing party a list of
				witness which it intends to call to testify or to otherwise give evidence. The
				list shall contain for each witness:
1)
				Name;
2 Residential and business
				address, if known;
3) Residential
				and business telephone number, if known;
4) A brief summary statement indicating the
				substance of the person's expected testimony.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 13 - Regulation and Enforcement - Scrap Metal Dealer Regulation › Chapter 12 - Notices › Rule 1-13-12.1 - Address

Current through June 25, 2024
Any correspondence or notices issued pursuant to this Act
				  and these Rules shall be directed to the Secretary of State's Office, Metal
				  Property Unit, 125 South Congress Street, Jackson, MS 39201.
Miss. Code
				  Ann. §
										97-17-71.1(1)(b).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 13 - Regulation and Enforcement - Scrap Metal Dealer Regulation › Chapter 13 - Affirmative Obligation to Update Registration Information › Rule 1-13-13.1 - Sole Responsibility

Current through June 25, 2024
It is solely the responsibility of the Applicant or
				  Registrant to update and remain current with all address and contact
				  information required for registration. The Division and the Secretary of State
				  are not responsible, and the Applicant or Registrant is solely responsible for
				  the non-receipt of any notice or correspondence issued by the Division or the
				  Secretary of State due to the failure of the Applicant or Registrant to
				  maintain current and correct address and contact information with the Division
				  or its Agent.
Miss. Code
				  Ann. §
										97-17-71.1(1)(b).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 14 - Securities Regulation › Chapter 1 - GENERAL PROVISIONS

Current through June 25, 2024
Introduction:
The following Rules are hereby adopted by the Secretary of
				State by the authority granted in Miss. Code Ann. Section
				75-71-605 and other rule-making
				provisions contained in Sections
				75-71-101 to -701, Mississippi
				Code of 1972, as amended. Such Rules supersede all rules heretofore adopted,
				and from this date shall be generally applicable to the administration of the
				Mississippi Securities Act of 2010 and the procedure and practice of the
				Securities Division in accordance therewith. The adoption of these Rules
				represents a finding by the Secretary of the State that such Rules are
				necessary and appropriate for the public interest and for the protection of
				investors and are consistent with the purposes fairly intended by the policy
				and provisions of the Mississippi Securities Act. These Rules are intended to
				supplement the statutory provisions of the Mississippi Securities Act and
				should not be considered as replacing or superseding any provisions concerning
				filings, registrations, applications, or any other requirement contained
				therein.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 14 - Securities Regulation › Chapter 1 - GENERAL PROVISIONS › Rule 1-14-1.01 - Address and Office Hours

Current through June 25, 2024
The Securities Division is located in the office of the
				  Secretary of State, 125 South Congress Street, Jackson, Mississippi 39201. The
				  Division's mailing address is Post Office Box 136, Jackson, Mississippi
				  39205-0136, and is open each day, except Saturdays, Sundays, and state
				  holidays, from 8 a.m. to 5 p.m., Central Standard Time or Central Daylight
				  Time, whichever is in effect.
Miss. Code Ann. §
										7-3-3
				  (2020).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 14 - Securities Regulation › Chapter 1 - GENERAL PROVISIONS › Rule 1-14-1.05 - Statutory Terms

Current through June 25, 2024
Terms used in these Rules which are defined in the Act shall
				  have the meaning provided for in the Act, unless otherwise specifically
				  stated.
Miss. Code
				  Ann. §
										75-71-605(a)(2)
				  (2020).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 14 - Securities Regulation › Chapter 1 - GENERAL PROVISIONS › Rule 1-14-1.07 - Filing Materials and Fees

Current through June 25, 2024
All papers, forms, fees, or information required to be filed
				  with the Division may be filed through the mail or otherwise, unless electronic
				  filing is required. The date on which papers, forms, fees, or other exhibits
				  are actually received by the Division shall be the date of filing thereof. Any
				  electronic filing is deemed to have been received on the date it was
				  electronically submitted. An application is not considered complete and will
				  not be further processed until all required documentation and fees have been
				  received by the Division. All fees received by the Division are subject to
				  immediate deposit by the Division without regard to whether the amount tendered
				  is appropriate and are not subject to refund.
Miss. Code
				  Ann. §
										75-71-605(a)(1)
				  (2020).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 14 - Securities Regulation › Chapter 1 - GENERAL PROVISIONS › Rule 1-14-1.09 - Applications Generally

Current through June 25, 2024
All applications shall be submitted on forms authorized by
				  the Secretary of State. All information requested in an application is
				  essential and must be furnished. Additional exhibits not specifically called
				  for in an application, but which are essential to a full disclosure of all
				  information, shall be furnished and properly identified. All applications and
				  exhibits become a part of the records of the Secretary of State and are not
				  returnable.
Miss. Code
				  Ann. §
										75-71-605(a)(1)
				  (2020).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 14 - Securities Regulation › Chapter 1 - GENERAL PROVISIONS › Rule 1-14-1.11 - Procedure with Respect to Abandoned Applications

Current through June 25, 2024
If a deficient application has been on file with the Division
				  for a period of one hundred twenty (120) days and the applicant has not taken
				  corrective measures to cure the deficiency, the Division shall proceed in the
				  following manner to determine whether the application has been abandoned by the
				  applicant:
A. A Notice of Abandonment
				in the form of a letter will be sent to the applicant or its representative,
				addressed to the most recent address for the applicant or its representative.
				The Notice will inform the applicant that the application is deficient and must
				be justified, amended, or completed to comply with the applicable requirements
				of the Act or must be withdrawn.
B.
				If the applicant fails to respond to such Notice within thirty (30) days from
				the date of the Notice, the Division may declare the application
				abandoned.
C. The applicant may
				request, in writing, reinstatement of an abandoned application, and this
				request shall set forth the grounds upon which the applicant seeks
				reinstatement.
D. When the Division
				declares an application abandoned, all papers comprising the application, with
				the exception of the application form and correspondence, may be removed from
				the files of the Securities Division. No portion of the applicable filing fee
				shall be refunded.
E. If the
				application has been amended, other than for the purpose of delaying the
				registration thereof, the one hundred twenty (120) day period shall be computed
				from the date of the latest such amendment.
Miss. Code
				  Ann. §
										75-71-605(a)(1)
				  (2020).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 14 - Securities Regulation › Chapter 1 - GENERAL PROVISIONS › Rule 1-14-1.13 - Advertising and Sales Literature

Current through June 25, 2024
The use of any advertising or sales material in such a
				  fashion as to be deceptive or misleading is prohibited.
Miss. Code
				  Ann. §
										75-71-501
				  (2020).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 14 - Securities Regulation › Chapter 1 - GENERAL PROVISIONS › Rule 1-14-1.15 - Variance from Rules

Current through June 25, 2024
The Division may grant variances from these Rules if it
				  determines that:
A. Application of the
				rule from which the variance is granted would, in the particular case, be
				unnecessarily burdensome, and
B.
				Such variance would not be inconsistent with the public policy purposes of the
				Act.
Miss. Code
				  Ann. §§
										75-71-203, -307, -406(e), -412(e),
				  -608(b) (2020).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 14 - Securities Regulation › Chapter 1 - GENERAL PROVISIONS › Rule 1-14-1.17 - Oral Opinions

Current through June 25, 2024
Oral or informal opinions by the staff of the Division as to
				  the applicability of the Act, or portions thereof, and oral or informal
				  representations by the staff of the Division concerning the status of filings
				  made with the Division are not considered binding upon the Division unless
				  accurately and promptly confirmed in writing by the party requesting such oral
				  or informal opinion or representation.
Miss. Code
				  Ann. §
										75-71-605(a)(1)
				  (2020).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 14 - Securities Regulation › Chapter 1 - GENERAL PROVISIONS › Rule 1-14-1.19 - Statement of Policy Regarding Public Access to Non-Investigatory Records

Current through June 25, 2024
Any information or document contained in or filed with (1)
				  any application for the registration of securities, (2) application or notice
				  filing for exemption from registration of securities, (3) any notice filing for
				  federal covered securities, (4) any application for the transaction of business
				  as a broker-dealer, the transaction of business as an agent, the transaction of
				  business as an investment adviser, or the transaction of business as an
				  investment adviser representative, (5) any notice filing for federal covered
				  investment advisers, or (6) any supplement or amendment thereto will be made
				  available to the public for inspection and copying upon written request, except
				  that:
A. Any personal financial
				information, not otherwise available to the general public, filed with any such
				application or notice filing, or as a supplement or amendment thereto, shall
				not be made available to the public unless consented to in writing by the
				applicant or issuer, provided the applicant has filed a written request with
				the application or notice filing that the information not be disclosed. Any
				ambiguity as to what constitutes financial information in a particular
				application, or supplement or amendment thereto, shall be construed in favor of
				nondisclosure.
B. Any record of a
				pending proceeding (not otherwise available to the general public) filed with
				any such application or notice filing, or as a supplement or amendment thereto,
				against a broker-dealer, investment adviser, federal covered investment
				adviser, agent, or investment adviser representative on file with the Division
				shall not be made available to the public unless consented to in writing by the
				particular broker-dealer, investment adviser, federal covered investment
				adviser, agent, or investment adviser representative.
Miss. Code
				  Ann. §§
										75-71-605(a)(1),
				  -606(a), -607(a), -607(b)(6)(B) (2020).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 14 - Securities Regulation › Chapter 1 - GENERAL PROVISIONS › Rule 1-14-1.21 - Statement of Policy Regarding Investigative Information

Current through June 25, 2024
In conformity with the Mississippi Public Records Act of
				  1983, Miss. Code Ann. §§
									25-61-1 to
				  25-61-19, as amended, it is the
				  policy of the Division not to offer public comment or to release information
				  concerning any matter or party under investigation except that:
A. Information and documents may be supplied
				to local, state, or federal law enforcement, regulatory, or prosecutorial
				agencies at the discretion of the Secretary of State.
B. Information and documents may be released
				to the media if deemed to be in the public's best interest at the discretion of
				the Secretary of State.
C. Copies
				of any administrative proceeding notices or orders issued by the Division or
				notices, pleadings, briefs, or recommendations issued by the parties or by the
				administrative hearing officer in connection with an administrative proceeding
				may be released to the public at the discretion of the Secretary of
				State.
D. Information and documents
				may be released in order to comply with Chapter 8 of these Rules.
Miss. Code
				  Ann. §§
										75-71-601(b),
				  -605(a)(1), -607, -608 (2020).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 14 - Securities Regulation › Chapter 1 - GENERAL PROVISIONS › Rule 1-14-1.23 - Interpretations by the Division

Current through June 25, 2024
Pursuant to Section
				  75-71-605(d) of
				  the Act, the Division may respond to written inquiries concerning no-action
				  determinations and interpretations of the Act or the Rules promulgated
				  thereunder, provided sufficient relevant facts are given and the situation is
				  not hypothetical. A nonrefundable fee of Three Hundred Dollars ($300.00) must
				  accompany each inquiry. The Division may refuse to respond to any
				  inquiry.
Miss. Code
				  Ann. §
										75-71-605(d)
				  (2020).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 14 - Securities Regulation › Chapter 1 - GENERAL PROVISIONS › Rule 1-14-1.25 - Disposal of Unnecessary Filings

Current through June 25, 2024
Any filed documents and papers not expressly required to be
				  filed with the Division pursuant to the Act or a Rule may be discarded at the
				  discretion of the Division.
Miss. Code
				  Ann. §
										75-71-605(a)(1)
				  (2020).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 14 - Securities Regulation › Chapter 2 - NOTICE FILING AND REGISTRATION OF SECURITIES › Subchapter 1 - REGISTRATION BY COORDINATION AND QUALIFICATION › Rule 1-14-1-2.01 - Coordination Application and Contents

Current through June 25, 2024
Application for registration of securities by coordination
					 shall be submitted on NASAA Form U-1, the Uniform Application to Register
					 Securities. The application shall include a registration statement submitted
					 pursuant to Section
					 75-71-303 of the Act, which shall
					 contain all information and documents required by that Section; the information
					 and documents required by Section
					 75-71-305 of the Act; and the
					 filing fee as set forth in Section
					 75-71-310(c) of
					 the Act and Rule
					 4.03. However, upon written request,
					 the twenty (20) day filing period requirement set out in Section
					 75-71-303(c)(2)
					 of the Act may be waived.
A separate application and a separate registration fee must
					 be filed for each type, kind, class, series, or portfolio of security offered.
					 Any documents or exhibits previously on file may be incorporated by reference.
					 Quarterly reports and semiannual reports shall not be filed unless requested by
					 the Division. Advertising and sales material shall be filed with the
					 Division.
Miss. Code
					 Ann. §§
											75-71-303, -305, -310(c)
					 (2020).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 14 - Securities Regulation › Chapter 2 - NOTICE FILING AND REGISTRATION OF SECURITIES › Subchapter 1 - REGISTRATION BY COORDINATION AND QUALIFICATION › Rule 1-14-1-2.03 - Qualification Application and Contents

Current through June 25, 2024
Application for registration of securities by qualification
					 shall be submitted on an Application for Registration by Qualification. The
					 application shall include a registration statement submitted pursuant to
					 Section 75-71-304 of the Act, which shall
					 contain all information required by that Section; the information and documents
					 required by Section
					 75-71-305 of the Act; and the
					 filing fee as set forth in Section
					 75-71-310(c) of
					 the Act and Rule
					 4.03.
Miss. Code
					 Ann. §§
											75-71-304, -305, -310(c)
					 (2020).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 14 - Securities Regulation › Chapter 2 - NOTICE FILING AND REGISTRATION OF SECURITIES › Subchapter 1 - REGISTRATION BY COORDINATION AND QUALIFICATION › Rule 1-14-1-2.05 - Prospectus

Current through June 25, 2024
A. An applicant for
				  registration of securities by coordination or qualification must file a
				  prospectus with the Division containing a full and complete disclosure of all
				  material information relating to the issuer and the offering and sale of the
				  securities being registered.
B. The
				  prospectus must be provided to any prospective purchasers prior to the
				  consummation of the sale of any securities offered thereby.
Miss. Code
					 Ann. §§
											75-71-303(b)(1),
					 -304(e), -605 (2020).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 14 - Securities Regulation › Chapter 2 - NOTICE FILING AND REGISTRATION OF SECURITIES › Subchapter 1 - REGISTRATION BY COORDINATION AND QUALIFICATION › Rule 1-14-1-2.07 - Legend Requirement

Current through June 25, 2024
A. Every submitted
				  prospectus must carry the following legend displayed in a prominent manner:
"THESE SECURITIES ARE OFFERED PURSUANT TO A CERTIFICATION
					 OF REGISTRATION ISSUED BY THE SECRETARY OF STATE OF MISSISSIPPI. THE SECRETARY
					 OF STATE DOES NOT RECOMMEND OR ENDORSE THE PURCHASE OF ANY SECURITIES, NOR DOES
					 THE SECRETARY OF STATE PASS UPON THE TRUTH, MERITS, OR COMPLETENESS OF ANY
					 PROSPECTUS OR ANY OTHER INFORMATION FILED WITH THE SECRETARY OF STATE. ANY
					 REPRESENTATION TO THE CONTRARY IS A CRIMINAL OFFENSE."
B. However, any prospectus, registration
				  statement, or offering statement filed pursuant to the Securities Act of 1933
				  which depicts the SEC's generic legend will be considered in conformity with
				  the preceding requirement.
Miss. Code
					 Ann. §
											75-71-605(a)(1)
					 (2020).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 14 - Securities Regulation › Chapter 2 - NOTICE FILING AND REGISTRATION OF SECURITIES › Subchapter 1 - REGISTRATION BY COORDINATION AND QUALIFICATION › Rule 1-14-1-2.09 - Solicitation of Interest/Preliminary Prospectus

Current through June 25, 2024
A. A preliminary
				  prospectus may be distributed in this state pursuant to a registration by
				  coordination or qualification by a broker-dealer or by an issuer, provided an
				  application to register the securities is pending before the SEC, if required,
				  and an application to register the securities is pending before the
				  Division.
B. A preliminary
				  prospectus may not be further distributed if the applicant has been notified by
				  the Division that the application for registration is substantially deficient
				  and that the circulation of a preliminary prospectus is not appropriate in
				  light of the deficient application.
C. The outside front cover page of such
				  prospectus shall bear, in red ink, the caption "Preliminary Prospectus," the
				  date of its issuance, and the following statement printed in type as large as
				  that generally in the body thereof:
"A REGISTRATION STATEMENT RELATING TO THESE SECURITIES HAS
					 BEEN FILED WITH THE SECRETARY OF STATE OF MISSISSIPPI BUT HAS NOT YET BECOME
					 EFFECTIVE. INFORMATION CONTAINED HEREIN IS SUBJECT TO COMPLETION OR AMENDMENT.
					 THESE SECURITIES MAY NOT BE SOLD NOR MAY OFFERS TO BUY BE ACCEPTED PRIOR TO THE
					 TIME THE REGISTRATION STATEMENT BECOMES EFFECTIVE."
D. However, any preliminary prospectus filed
				  pursuant to the Securities Act of 1933 which depicts the SEC's generic legend
				  will be considered in conformity with the preceding requirement.
Miss. Code
					 Ann. §§
											75-71-202(17),
					 -605(a)(1) (2020).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 14 - Securities Regulation › Chapter 2 - NOTICE FILING AND REGISTRATION OF SECURITIES › Subchapter 1 - REGISTRATION BY COORDINATION AND QUALIFICATION › Rule 1-14-1-2.11 - Dilution

Current through June 25, 2024
A. Where registered
				  securities are being offered publicly and there is no established market for
				  those securities, the prospectus or offering memorandum must contain a
				  paragraph entitled "DILUTION" showing the method used in arriving at the book
				  value of all shares outstanding upon completion of the offering.
B. To determine the book value of all shares
				  outstanding upon completion of the offering, add the net proceeds of the public
				  offering (the amount remaining after deducting commissions and expenses of the
				  offering) to the net tangible book value of the company before the offering,
				  and divide this resulting dollar amount by the total number of shares to be
				  outstanding upon completion of the offering.
C. Equity shares sold to the public shall not
				  have dilution in excess of seventy-five percent (75%), or such offering may be
				  subject to rejection by the Division.
Miss. Code
					 Ann. §
											75-71-605(a)(1)
					 (2020).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 14 - Securities Regulation › Chapter 2 - NOTICE FILING AND REGISTRATION OF SECURITIES › Subchapter 1 - REGISTRATION BY COORDINATION AND QUALIFICATION › Rule 1-14-1-2.13 - Expenses Limitations

Current through June 25, 2024
The NASAA Statement of Policy regarding underwriting
					 expenses, underwriter's warrants, selling expenses, and selling security
					 holders shall be the basis of review for offerings, excluding federal covered
					 securities, filed with the Division.
Miss. Code
					 Ann. §§
											75-71-605(a);
					 -608(b), -608(c)(9) (2020).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 14 - Securities Regulation › Chapter 2 - NOTICE FILING AND REGISTRATION OF SECURITIES › Subchapter 1 - REGISTRATION BY COORDINATION AND QUALIFICATION › Rule 1-14-1-2.15 - NASAA Statements of Policy

Current through June 25, 2024
In cooperation with the securities administrators of other
					 states and with a view to effectuating a policy to achieve maximum uniformity
					 of regulations regarding the registration of securities and investment advisory
					 registrants and enforcement of anti-fraud laws, unless a specific rule
					 promulgated herein or a state statute conflicts with the NASAA Policy, in which
					 case the specific rule or statute will control, NASAA Statements of Policy, as
					 published, will provide the basis for review for transactions or activities set
					 forth in the Statements of Policy. Other NASAA Statements, as published, shall
					 be applied as needed unless such Policy conflicts with a specific rule
					 promulgated herein or a state statute.
Miss. Code
					 Ann. §§
											75-71-605(a),
					 -608(b), -608(c)(9), -608(c)(11) (2020).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 14 - Securities Regulation › Chapter 2 - NOTICE FILING AND REGISTRATION OF SECURITIES › Subchapter 1 - REGISTRATION BY COORDINATION AND QUALIFICATION › Rule 1-14-1-2.17 - Certification of Registration/Re-registration of Securities

Current through June 25, 2024
A. Registration in
				  this state by coordination of qualification shall become effective upon the
				  earlier of the time prescribed in Section
				  75-71-303(c) or
				  Section 75-71-304(c) of
				  the Act or the date of the issuance of a Certification of Registration by the
				  Division.
B. A Certification of
				  Registration is effective for one (1) year after its effective date. Applicants
				  for registration by coordination or qualification may re-register a security by
				  submitting a report for sales of the securities sold in this state for the
				  preceding twelve (12) month period and paying the filing fee as set forth in
				  Section 75-71-310(c) of
				  the Act and Rule
				  4.03(B) of these
				  Rules.
Miss. Code
					 Ann. §§
											75-71-303(c),
					 -304(c), -310 (2020).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 14 - Securities Regulation › Chapter 2 - NOTICE FILING AND REGISTRATION OF SECURITIES › Subchapter 1 - REGISTRATION BY COORDINATION AND QUALIFICATION › Rule 1-14-1-2.19 - Amended Certification of Registration

Current through June 25, 2024
A. To amend a
				  registration, the following must be submitted:
1. An amended NASAA Form U-1 which shows:
a. Any material changes in any papers, forms,
				  or other exhibits previously filed with the Division; or
b. A sworn statement that no material changes
				  have been made in any papers, forms, or other exhibits previously filed with
				  the Division; and
Mississippi Administrative Code › Title 1 - Secretary of State › Part 14 - Securities Regulation › Chapter 2 - NOTICE FILING AND REGISTRATION OF SECURITIES › Subchapter 1 - REGISTRATION BY COORDINATION AND QUALIFICATION › Rule 1-14-1-2.21 - Notice of Withdrawal or Completion of Offering of Securities under Registration by Coordination or Qualification

Current through June 25, 2024
A. Notices of
				  withdrawal of an offering must be made in writing and filed with the Division
				  along with the required fee set forth in Section
				  75-71-310(e) of
				  the Act and Rule
				  4.03(C).
B. Whenever an offering of securities under
				  Sections 75-71-303 or -304 of the Act has
				  been completed, notice of completion of the offering shall be filed within
				  sixty (60) days of completion stating (1) the name of the issuer, (2) a
				  description of the securities registered in this state, (3) the aggregate
				  amount of securities registered in this state, (4) the aggregate amount of
				  securities sold in this state, and (5) the date the offering was
				  completed.
Miss. Code
					 Ann. §§
											75-71-305(i),
					 -605 (2020).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 14 - Securities Regulation › Chapter 2 - NOTICE FILING AND REGISTRATION OF SECURITIES › Subchapter 1 - REGISTRATION BY COORDINATION AND QUALIFICATION › Rule 1-14-1-2.23 - Subscription Agreements

Current through June 25, 2024
All Mississippi investors must personally sign their
					 subscription agreements when purchasing securities. Any program which allows an
					 agent, fiduciary, trustee, legal representative, consultant, etc. of the
					 investor to sign a subscription agreement in lieu of the investor signing must
					 be amended accordingly.
The Division will object to the use of subscription
					 agreements which require purchasers of securities to acknowledge that:
A. The purchaser has read the
				  prospectus;
B. The purchaser has
				  relied only on the prospectus and not upon any representations made by any
				  person; and
C. The purchaser
				  understands the risks of the investment.
Miss. Code
					 Ann. §
											75-71-305(g)
					 (2020).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 14 - Securities Regulation › Chapter 2 - NOTICE FILING AND REGISTRATION OF SECURITIES › Subchapter 2 - FILING OF FEDERAL COVERED SECURITIES › Rule 1-14-2-2.25 - Notice Filings for Offerings of Investment Company Securities

Current through June 25, 2024
A. Prior to the offer or sale of a security
				  which is a covered security under Section 18(b)(2) of the Securities Act of
				  1933, 15 U.S.C. §
											77r(b)(2), including
				  securities issued by an open-end management investment company, a face-amount
				  certificate company, or a unit investment trust, the issuer must submit to the
				  Division or its designee the following:
1. A
				  completed NASAA Form NF, signed either manually or electronically;
2. A completed NASAA Form U-2, signed either
				  manually or electronically; and
3.
				  A fee as set forth in Section
				  75-71-310(a) of
				  the Act and Rule
				  4.01(A)(1).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 14 - Securities Regulation › Chapter 2 - NOTICE FILING AND REGISTRATION OF SECURITIES › Subchapter 2 - FILING OF FEDERAL COVERED SECURITIES › Rule 1-14-2-2.27 - Reserved

Current through June 25, 2024
Miss. Code Ann. §
											75-71-302(a)
					 (2016).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 14 - Securities Regulation › Chapter 2 - NOTICE FILING AND REGISTRATION OF SECURITIES › Subchapter 2 - FILING OF FEDERAL COVERED SECURITIES › Rule 1-14-2-2.29 - Notice Filings for Rule 506 Offerings

Current through June 25, 2024
A.
Electronic filing.
All filings or submissions under this Rule shall be made
					 electronically through a state portal approved by the Division.
B.
Initial.
An
				  issuer offering a security that is a covered security under Section 18(b)(4)(E)
				  of the Securities Act of 1933,
				  15 U.S.C. §
											77r(b)(4)(E), must submit to
				  the Division or its designee, no later than fifteen (15) days after the first
				  sale of such federal covered security in this state unless the end of that
				  period falls on a Saturday, Sunday, or state or federal holiday, in which case
				  the due date would be the first business day following, a conformed copy of an
				  electronically filed SEC Form D as filed with the SEC in the version of that
				  form accepted at the time of filing by the SEC for filings made pursuant to
				  Rule 506 of SEC Regulation D,
				  17 C.F.R. §
											230.506, the fee set forth in Section
				  75-71-310(b) of
				  the Act and Rule
				  4.01(B)(1) and any
				  late fee (if applicable) as set forth in Section
				  75-71-310(b) of
				  the Act and Rule
				  4.01(B)(2). If the
				  offering includes multiple issuers filing on the same Form D, a separate fee
				  shall be paid for each issuer issuing securities in this state.
C.
Renewal
. When an offering
				  is not completed within twelve (12) months of the date of initial notice
				  filing, a sales report and nonrefundable renewal fee as set forth in Section
				  75-71-310(d) of
				  the Act and Rule
				  4.01(B)(3) must be
				  submitted to the Division. The sales report must include:
(1) the name of the issuer,
(2) a description of the securities filed in
				  this state, and
(3) the aggregate
				  amount of securities sold in this state.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 14 - Securities Regulation › Chapter 2 - NOTICE FILING AND REGISTRATION OF SECURITIES › Subchapter 2 - FILING OF FEDERAL COVERED SECURITIES › Rule 1-14-2-2.31 - Notice Filings for Regulation A Tier 2 Offerings

Current through June 25, 2024
The following provisions apply to offerings made under Tier
					 2 of Federal Regulation A and Section 18(b)(4) of the Securities Act of
					 1933:
A.
Initial
				  filing:
1. An issuer that has sold
				  securities in this state in an offering exempt under Tier 2 of SEC Regulation
				  A, 17 C.F.R. §§
												230.251 to
				  230.263, shall submit to the
				  Division no later than fifteen (15) days after the first sale of such security
				  in this state the following:
a. A completed
				  Regulation A Tier 2 notice filing form or copies of all documents filed with
				  the SEC;
b. A consent to service of
				  process on Form U-2 if not filing on the Regulation A Tier 2 notice filing
				  form;
c. The filing fee prescribed
				  by Section
				  75-71-310(b) of
				  the Act; and
d. Any late fee (if
				  applicable) as set forth in Section
				  75-71-310(b) of
				  the Act.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 14 - Securities Regulation › Chapter 2 - NOTICE FILING AND REGISTRATION OF SECURITIES › Subchapter 2 - FILING OF FEDERAL COVERED SECURITIES › Rule 1-14-2-2.33 - Notice Filings for Title III Federal Crowdfunding Offerings

Current through June 25, 2024
The following provisions apply to offerings made under
					 federal Regulation Crowdfunding, 17 C.F.R. pt. 227, and Section 18(b)(4) of the
					 Securities Act of 1933, 15
					 U.S.C. §
											77r(b)(4):
A.
Initial filing:
1. An issuer that offers and sells securities
				  in this state in an offering exempt under federal Regulation Crowdfunding shall
				  file the following with the Division:
a. A
				  completed Uniform Notice of Federal Crowdfunding Offering form (Form U-CF) or
				  copies of all documents filed with the SEC;
b. A consent to service of process on Form
				  U-2 if not filing on the Form U-CF;
c. The filing fee prescribed by Section
				  75-71-310(b) of
				  the Act; and
d. Any late fee (if
				  applicable) as set forth in Section
				  74-71-310(b) of
				  the Act.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 14 - Securities Regulation › Chapter 4 - FEE SCHEDULES › Subchapter 1 - NOTICE FILING AND REGISTRATION FEES FOR SECURITIES OFFERINGS › Rule 1-14-1-4.01 - Notice Filers

Current through June 25, 2024
A. Notice Filings
				  for Federal Covered Securities Under Section 18(b)(2)
1.
Initial.
Filers shall
				  submit to the Division a nonrefundable initial filing fee of One Thousand
				  Dollars ($1,000.00).
2.
Renewal.
Filers shall submit to the Division a nonrefundable
				  renewal filing fee of Three Hundred Dollars ($300.00) annually.
3.
Termination.
Filers shall
				  submit to the Division a nonrefundable termination filing fee of Fifty Dollars
				  ($50.00).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 14 - Securities Regulation › Chapter 4 - FEE SCHEDULES › Subchapter 1 - NOTICE FILING AND REGISTRATION FEES FOR SECURITIES OFFERINGS › Rule 1-14-1-4.03 - Registration by Coordination or Qualification

Current through June 25, 2024
A.
Initial.
Filers shall
				  submit to the Division an initial registration fee of One Thousand Dollars
				  ($1,000.00).
B.
Re-registration.
Registration is effective for one (1) year
				  after its effective date. Filers may re-register a security by paying the
				  registration fee of One Thousand Dollars ($1,000.00) annually.
C.
Termination.
Filers shall
				  submit to the Division a nonrefundable termination filing fee of Fifty Dollars
				  ($50.00).
Miss. Code
					 Ann. §
											75-71-310(c), (e)
					 (2020).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 14 - Securities Regulation › Chapter 4 - FEE SCHEDULES › Subchapter 2 - EXEMPTION FILING FEES FOR SECURITIES OFFERINGS › Rule 1-14-2-4.05 - Reserved

Current through June 25, 2024
Miss. Code Ann.
					 §§
											75-71-203,
					 605 (Rev. 2009).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 14 - Securities Regulation › Chapter 4 - FEE SCHEDULES › Subchapter 2 - EXEMPTION FILING FEES FOR SECURITIES OFFERINGS › Rule 1-14-2-4.07 - Reserved

Current through June 25, 2024
Miss. Code Ann.
					 §§
											75-71-203,
					 605 (2016).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 14 - Securities Regulation › Chapter 4 - FEE SCHEDULES › Subchapter 2 - EXEMPTION FILING FEES FOR SECURITIES OFFERINGS › Rule 1-14-2-4.09 - Reserved

Current through June 25, 2024
Miss. Code Ann.
					 §§
											75-71-203,
					 605 (2016).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 14 - Securities Regulation › Chapter 4 - FEE SCHEDULES › Subchapter 2 - EXEMPTION FILING FEES FOR SECURITIES OFFERINGS › Rule 1-14-2-4.11 - Reserved

Current through June 25, 2024
Miss. Code Ann.
					 §§
											75-71-203,
					 605 (2016).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 14 - Securities Regulation › Chapter 4 - FEE SCHEDULES › Subchapter 3 - SECURITIES PROFESSIONALS FILING FEES › Rule 1-14-3-4.13 - Broker-Dealers and Broker-Dealer Agents

Current through June 25, 2024
A. Except for issuer agents as provided for
				  in Rule 4.17, any person
				  filing an initial application for registration as a broker-dealer and any
				  person filing a renewal registration as a broker-dealer shall submit to the
				  Division a registration or renewal fee of Two Hundred Dollars
				  ($200.00).
B. Except for issuer
				  agents as provided for in Rule
				  4.17, any person filing an
				  application for registration as an agent and any person filing a renewal
				  registration as an agent shall submit to the Division a registration or renewal
				  fee of Fifty Dollars ($50.00).
C.
				  Broker-dealers that are members of FINRA and agents who are associated with
				  broker- dealers that are members of FINRA shall submit their initial filing and
				  renewal fees through CRD.
D. Any
				  person notice filing as a broker-dealer pursuant to Rule
				  5.33 shall submit to the Division a
				  notice filing or renewal fee of Two Hundred Dollars ($200.00).
E. Any person notice filing as a
				  broker-dealer agent pursuant to Rule
				  5.33 shall submit to the Division a
				  notice filing or renewal fee of Fifty Dollars ($50.00).
Miss. Code
					 Ann. §
											75-71-410, -605
					 (2020).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 14 - Securities Regulation › Chapter 4 - FEE SCHEDULES › Subchapter 3 - SECURITIES PROFESSIONALS FILING FEES › Rule 1-14-3-4.15 - Investment Advisers and Investment Adviser Representatives

Current through June 25, 2024
A. Any person filing an application for
				  registration as an investment adviser and any person filing a renewal
				  registration as an investment adviser shall submit to the Division a
				  registration or renewal fee of Two Hundred Dollars ($200.00).
B. Any person filing an application for
				  registration as an investment adviser representative, any person filing a
				  renewal registration as an investment adviser representative, and any person
				  filing a change of registration as an investment adviser representative shall
				  submit to the Division a registration, renewal, or change of registration fee
				  of Fifty Dollars ($50.00).
C. Any
				  person filing an initial fee or annual notice fee for a federal covered
				  investment adviser required to file a notice under Section
				  75-71-405 of the Act shall submit
				  to the Division an initial fee or annual notice fee of Two Hundred Dollars
				  ($200.00).
D. Investment advisers
				  and investment adviser representatives shall submit these fees through
				  IARD.
Miss. Code
					 Ann. §
											75-71-410, -605
					 (2020).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 14 - Securities Regulation › Chapter 4 - FEE SCHEDULES › Subchapter 3 - SECURITIES PROFESSIONALS FILING FEES › Rule 1-14-3-4.17 - Issuer Agents

Current through June 25, 2024
Any person filing an application for registration as an
					 issuer agent or any person filing a renewal registration as an issuer agent
					 shall submit to the Division a registration or renewal fee of Fifty Dollars
					 ($50.00) and a copy of Form U4.
Miss. Code
					 Ann. §
											75-71-410
					 (2020).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 14 - Securities Regulation › Chapter 4 - FEE SCHEDULES › Subchapter 4 - MISCELLANEOUS FEES › Rule 1-14-4-4.19 - Reserved

Current through June 25, 2024
Miss. Code Ann.
					 §§
											75-71-302, 305(j), 605
					 (2016).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 14 - Securities Regulation › Chapter 4 - FEE SCHEDULES › Subchapter 4 - MISCELLANEOUS FEES › Rule 1-14-4-4.23 - Certificates of Authenticity

Current through June 25, 2024
Certificates of Authenticity and Certifications that a
					 public record does not exist may be requested from the Division at a fee of
					 Twenty-Five Dollars ($25.00) per Certificate.
Miss Code
					 Ann §
											75-71-606(c)
					 (2020
Mississippi Administrative Code › Title 1 - Secretary of State › Part 14 - Securities Regulation › Chapter 5 - REGISTRATION OF BROKER-DEALERS AND AGENTS › Rule 1-14-5.01 - Application for Broker-Dealer

Current through June 25, 2024
A. To apply for
				registration, FINRA-member broker-dealers shall submit the following
				information to the Division through the CRD:
1. Form BD, or a successor form.
2. A statement of net capital or such
				financial statements as required by FINRA or the SEC which indicate net
				capital.
3. A balance sheet
				prepared in accordance with generally accepted accounting principles. Attached
				to every balance sheet shall be an oath or affirmation that such statement is
				true and correct to the best knowledge, information, and belief of the person
				making such oath or affirmation after a diligent inquiry. If the broker-dealer
				is a sole proprietorship, the oath or affirmation shall be made by the
				proprietor; if a partnership, by a general partner; if a corporation, by a duly
				authorized officer; and if a trust, by a trustee. In lieu of the above, the
				most recent financial statements as required by FINRA or the SEC may be filed.
				In any case, the financial information must be dated not more than ninety (90)
				days prior to the date of filing.
4. The registration fee as specified in Rule
				4.13 shall be submitted to the
				CRD.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 14 - Securities Regulation › Chapter 5 - REGISTRATION OF BROKER-DEALERS AND AGENTS › Rule 1-14-5.03 - Minimum Financial Requirements and Financial Reporting Requirements of Broker-Dealers

Current through June 25, 2024
A. Each
				broker-dealer registered or required to be registered under this Act shall
				comply with SEC Rules 15c3-1 (17 C.F.R. §
										240.15c3-1), 15c3-2
				(17 C.F.R. §
										240.15c3-2), and 15c3-3
				(17 C.F.R. §
										240.15c-3).
B. Each broker-dealer registered or required
				to be registered under this Act shall comply with SEC Rule 17a-11
				(17 C.F.R. §
										240.17a-11) and shall simultaneously file
				with the Division copies of notices and reports required under that
				rule.
C. To the extent that the SEC
				promulgates changes to the above-referenced rules, dealers in compliance with
				such rules as amended shall not be subject to enforcement action by the
				Division for violation of this Rule to the extent that the violation results
				solely from the broker-dealer's compliance with the amended rule.
Miss. Code
				  Ann. §
										75-71-411
				  (2020).
Mississippi Administrative Code › Title 1 - Secretary of State › Part 14 - Securities Regulation › Chapter 5 - REGISTRATION OF BROKER-DEALERS AND AGENTS › Rule 1-14-5.05 - Bonding Requirements for Intrastate Broker-Dealers

Current through June 25, 2024
Every broker-dealer registered or required to be registered
				  under this Act whose business is exclusively intrastate, who does not make use
				  of any facility of a national securities exchange, and who is not registered
				  under Section 15 of the Securities Exchange Act of 1934 shall be bonded in an
				  amount of not less than Thirty Thousand Dollars ($30,000.00) by a bonding
				  company qualified to do business in this state.
Miss. Code
				  Ann. §
										75-71-411(e)
				  (2020).