New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 11 - SECURITIES › Part 14 - NOTICE FILINGS FOR OFFERINGS OF COVERED SECURITIES › Section 12.11.14.8 - NOTICE FILINGS FOR OFFERINGS OF INVESTMENT COMPANY SECURITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Forms and
				fees
. Uniform investment company notice filing (form NF), accompanied by
				uniform consent to service of process (form U-2) for initial filings, shall be
				used to notify the securities division of the intent to sell securities as
				required by Section
				58-13C-302 A(1).
				The issuer or person filing a notice filing on behalf of the issuer shall pay a
				filing fee of $525 as authorized under Section
				58-13C-302 A(1). A
				separate form NF, accompanied by appropriate fee, shall be filed for each
				portfolio or class of securities and shall be deemed to cover an indefinite
				amount of securities.
B.
Federal registration documents need not be filed.
No document which is
				part of a federal registration statement filed with the securities and exchange
				commission or part of an amendment to such federal registration statement need
				be filed to complete a notice filings either prior to the initial offer or
				after the initial offer in this state unless requested by the director. The
				division will not require filing of annual or periodic reports of the value of
				investment company securities sold or offered in this state, unless the fund or
				trust is specifically requested to submit such reports.
C.
Term of notice filing.
Notice filings will be made effective upon receipt by the director of the
				filing and payment of fees and will expire one year from such date. The term of
				the notice filing will not be based on the SEC effectiveness date.
D.
Permits.
The director will
				acknowledge the effectiveness of the initial notice filing by returning a date
				stamped copy of form NF or through electronic process. The director will assign
				a new file number to each portfolio or class of securities. A notice filing
				will not be considered as filed unless form NF has been properly completed and
				is accompanied by a filing fee as discussed in Subsection A of this
				section.
E.
Completion of
				form NF.
Item 4 of form NF must identify, on the separate lines
				provided, the name of the fund or trust. Do not repeat the name of the trust or
				fund on the space provided for portfolio name; do not repeat the name of the
				trust, fund, or portfolio in the space provided for class(es).
F.
Renewals.
A notice filing
				may be renewed by filing two copies of form NF, or electronically, with the
				director no earlier than 90 days prior to or less than 14 business days prior
				to the expiration date of the notice currently in effect. The notice must be
				accompanied by applicable filing fee in accordance with Section
				58-13C-302 B. The
				division may suspend fund or trust sales for failure to pay fees and may assess
				penalties or impose other available remedies for late or underpaid fees. The
				renewal will be effective for one year from the date of the expiration of the
				previous notice filing. A person who has filed a form U-2 in connection with a
				previous registration or notice filing need not file another.
G.
Amendments.
Amendments to
				notice filings may be made by filing form NF marked "amendment" in the
				appropriate box. The change should be explained under item 3, "other".
				Amendments to the name of the fund, trust, portfolio, or class must include the
				former name under item 3 of form NF in the line reserved for that purpose and
				must be accompanied by a fee of $50. A change in the name of the trust or fund
				must be accompanied by an amended form U-2. Withdrawal or termination of a
				notice filing may be made by filing form NF or providing the director with
				other notice of the withdrawal or termination and shall be effective upon
				receipt by the director of such notice.
H.
Other amendments.
Amendments
				to the name and address of the contact person (item 6) must be submitted on an
				amended form NF.