reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter III - THEATRICAL SYNDICATION FINANCING › Part 50 - THEATRICAL FINANCING › Section 50.7 - Exhibits and documents to be submitted to the Department of Law

Current through Register Vol. 46, No. 28, July 10, 2024
Upon submission to the Department of Law pursuant to section
				  50.1(n)  of this
				  Part, the issuer or other offeror should submit all relevant documents relating
				  to the offering, including the following, where applicable:
(a) partnership agreements, certificates of
				limited partnership and all amendments thereto, certificates of incorporation
				and bylaws or any other pertinent documents relating to the form of business
				organization;
(b) a specimen of the
				investment unit being offered, unless such investment unit is a copy of the
				business agreement under which the venture is to operate;
(c) agreements with all purchasers of advance
				interests, commonly known as
front money;
(d) all documents relating to the
				underwriting, distribution or sale of syndication interests;
(e) agreements entered into by the theatrical
				production company or which it is intended will be assigned to or acquired by
				the theatrical production company, including but not limited to investment
				agreements; contracts with co-producers, developers, regional theatres;
				production contracts with authors and extensions or modifications thereof;
				contracts with actors having starring roles, directors, choreographers, press
				agents, company managers, advertising agencies, costume and scenic designers,
				suppliers, theatres, etc.;
(f)
				agreements relating to the disposition of any subsidiary rights;
(g) not later than 30 days after the total
				capitalization has been raised, a list of all shareholders, general partners,
				limited partners and joint venturers. Such list shall include the name and
				address, the amount invested and the date the investment was made for each
				person so listed. If the theatrical production company is a limited
				partnership, a copy of the certificate of limited partnership may be submitted
				in lieu of this list; and
(h) in
				connection with an offer pursuant to section
				50.4  of this Part a notification
				to the Department of Law setting forth the nature of each production produced,
				developed or invested in by the theatrical production company where such
				production was not specifically named in the original filing with the
				Department of Law. Such notification shall be submitted not later than 50 days
				after the initial expenditure of funds for the named production.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter III - THEATRICAL SYNDICATION FINANCING › Part 50 - THEATRICAL FINANCING › Section 50.8 - Abandonment or withdrawal

Current through Register Vol. 46, No. 28, July 10, 2024
The producer must file with the Department of Law, within
				  four weeks of the abandonment or the withdrawal of any offering, form ATS-2
				  setting forth the information required.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter III - THEATRICAL SYNDICATION FINANCING › Part 51 - Theatrical Accounting › Section 51.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Front money
				shall have the same definition as that contained in section
				50.1(i) 
				of this Title.
(b) Opening shall
				mean the initial performance of the original production and shall not include
				any tryout or preview performance of such production or workshop.
(c) Theatrical production and theatrical
				production company shall have the same definitions as contained in article 23
				of the Arts and Cultural Affairs Law.
(d) Producer or other principal shall mean
				and include every person or firm directly or indirectly controlling the
				business affairs or operations of a theatrical production company, as defined
				herein.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter III - THEATRICAL SYNDICATION FINANCING › Part 51 - Theatrical Accounting › Section 51.2 - Records to be kept by an issuer or other offeror of a theatrical production company

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Permanent type books and records of account shall be kept by the issuer or
				other offeror of each theatrical production company, with entries in ink on
				paper of quality suitable for maintaining a permanent record. Entries in
				pencil, work sheets and similar entries and stationery, temporary in nature,
				shall not be deemed adequate as permanent type books and records of account.
				Nothing herein shall prohibit the use of recordkeeping automation such as
				entries made by punched cards.
(b)
				The books and records of a theatrical production company are to be organized in
				such a way as to fully record and clearly reflect all financial transactions,
				and with a view to assembling information and data appropriate for financial
				reports to be rendered. The following constitutes the minimum basic requirement
				for permanent type books of account to be kept (which may be combined in one
				volume):
(1) cash receipts book;
(2) cash disbursement book;
(3) general journal;
(4) general ledger (which should include in
				accounts or columns: production cost distribution; weekly running income and
				expense distribution; and closing costs distribution);
(5) payroll records;
(6) house seat record book. (This shall
				record the disposition of house seats and passes allocated to the theatrical
				production company. It shall clearly indicate on a daily basis the number of
				house seats and passes for each performance, location and box office price
				thereof, the persons in the theatrical production company who are entitled to
				such seats and the disposition by them of these seats as recorded on receipt
				slips signed by them. If any monies are received in excess of the box office
				prices for such tickets by any person, such receipt should be set forth as well
				as a statement as to disposition of such proceeds. This record shall further
				indicate the location and dates of any house seats or passes which are not used
				by, or at the direction of, anyone connected with the theatrical production
				company and shall indicate whether such seats have been sold or made available
				for sale at the box office, through theatre ticket brokers or otherwise as well
				as the price, if any, at which such tickets were actually sold and the
				disposition of the proceeds); and
(7) such other permanent and subsidiary books
				and records as are necessary to permit the preparation of true, accurate and
				complete financial reports.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter III - THEATRICAL SYNDICATION FINANCING › Part 51 - Theatrical Accounting › Section 51.4 - Letter of transmittal by issuer or other offeror (to be submitted with unaudited reports)

Current through Register Vol. 46, No. 28, July 10, 2024
All reports to be prepared for the theatrical production
				  company must be accompanied by a letter of transmittal on the letterhead of
				  either the theatrical production company or the issuer or other offeror and
				  shall be subscribed to by the issuer or other offeror. The letter shall
				  include:
(a) what statements have been
				prepared;
(b) inclusive dates of
				the periods covered;
(c) the date
				of the letter;
(d) a statement by
				the issuer or other offeror that the accompanying financial report has been
				personally examined by him or them and that such report fairly presents the
				financial and operating information of productions actually produced by them,
				and is accurate and complete. If the theatrical production company uses its
				proceeds to develop or invest in productions it does not directly control, then
				the letter required by this section shall be subscribed to by the producer of
				such production; and
(e) a
				representation that the accompanying financial report has been submitted to all
				investors.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter III - THEATRICAL SYNDICATION FINANCING › Part 51 - Theatrical Accounting › Section 51.5 - Contents of financial reports

Current through Register Vol. 46, No. 28, July 10, 2024
All financial reports are to be prepared in the manner set
				  forth below except that areas not specifically covered by this section shall be
				  governed by generally accepted accounting principles consistently
				  applied.
(a) Balance sheet (or similar
				financial statement or analysis) prepared as part of the pre-opening report and
				the annual report shall contain the following information:
(1) Capital section.
(i) The total original capitalization should
				be stated, with a separate schedule, if necessary, indicating any amounts yet
				unpaid and the persons from whom such amounts are due.
(ii) Capital contributions in the form of
				service or property should be so designated, with a supplemental schedule
				indicating the service or property that has or will be contributed if the
				information is not contained on the statement.
(iii) The total overcall, if any, should be
				stated, with a separate schedule, if the information is not contained on the
				statement, indicating any amounts yet unpaid and the persons from whom such
				amounts are due.
(iv) Capital
				contributions in excess of the original capitalization and overcall should be
				set forth and the source thereof stated. If necessary, a separate schedule
				should be used.
(v) Distributions
				constituting return of capital should be set forth. If preferential
				distributions were made, identify the person to whom made.
(vi) Distributions of profit should be set
				forth. If preferential distributions were made, identify the person to whom
				made.
(vii) Both current and
				accumulated charges to capital, including production cost, running losses,
				closing costs and similar items of cost (properly classified).
(viii) Both current and accumulated credits
				to capital, including profits from run or other income (properly
				classified).
(ix) Capital reserves
				and other capital items (specify); supply appropriate descriptive
				detail.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter III - THEATRICAL SYNDICATION FINANCING › Part 51 - Theatrical Accounting › Section 51.6 - Exemptions

Current through Register Vol. 46, No. 28, July 10, 2024
The Attorney General may, upon written application of the
				  issurer or other offeror of a theatrical production company which produces or
				  develops productions, issue an exemption from the requirement of providing a
				  "certified statement" pursuant to section 23.03 (2)  of the Arts and
				  Cultural Affairs Law, for theatrical productions which are to have a total
				  capitalization of less than $250,000 or will offer syndication interests to
				  less than 36 persons. In those cases where all of the proceeds of the
				  production company are used to invest in specified or nonspecified productions,
				  such theatrical production company shall be exempted from filing certified
				  statements provided that it forwards to its investors all the financial reports
				  of the theatrical productions in which it has invested which are required by
				  this Part. However, the Attorney General may require as a condition of granting
				  such exemption that the producer comply with sections
				  51.2
				  through
				  51.5 
				  of this Part. Such application must be made no later than the date upon which
				  the initial report required under this Part is due to be
				  filed.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter III - THEATRICAL SYNDICATION FINANCING › Part 52 - Procedural Regulations Governing Hearings Held Under The New York Theatre Ticket Distribution Act › Section 52.1 - Scope of part

Current through Register Vol. 46, No. 28, July 10, 2024
This Part shall govern the conduct of hearings held by the
				  Securities Bureau of the Department of Law pursuant to chapter 325, Laws of
				  1965; the New York Theatre Ticket Distribution Act, and as amended from time to
				  time.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter III - THEATRICAL SYNDICATION FINANCING › Part 52 - Procedural Regulations Governing Hearings Held Under The New York Theatre Ticket Distribution Act › Section 52.2 - Opportunity to be heard

Current through Register Vol. 46, No. 28, July 10, 2024
The Attorney General shall not cancel or suspend the name of
				  any particular individual or individuals from a ticket distributor registration
				  without giving the registrant an opportunity to be heard.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter III - THEATRICAL SYNDICATION FINANCING › Part 52 - Procedural Regulations Governing Hearings Held Under The New York Theatre Ticket Distribution Act › Section 52.3 - Notice of hearing

Current through Register Vol. 46, No. 28, July 10, 2024
The notice of the hearing shall be in writing and shall
				  state:
(a) the date, time and place of
				the hearing;
(b) the law or laws
				the registrant is charged with violating and the charge;
(c) allegations of fact supporting the
				charge;
(d) that the registrant is
				entitled to be represented by counsel in the proceeding;
(e) the purpose of the hearing;
(f) that subpoenas will be made available to
				the registrant to compel the presence and testimony of witnesses at the
				hearing, upon reasonable written request of the registrant to the hearing
				officer; and
(g) the effect of the
				registrant's failure to appear at the hearing.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter III - THEATRICAL SYNDICATION FINANCING › Part 52 - Procedural Regulations Governing Hearings Held Under The New York Theatre Ticket Distribution Act › Section 52.4 - Service of notice of hearing, orders and other communications

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The notice of hearing from the Attorney
				General shall be duly served if enclosed in a properly postpaid wrapper
				addressed to the registrant at the address last given in the ticket
				distribution registration filed by him with the Attorney General and declared
				as registered mail, return receipt requested, or if such notice addressed to
				such person is delivered to such address by an employee or agent of the
				Attorney General. An affidavit by an employee or agent of the Department of Law
				that such notice has in the regular course of business of the Department of Law
				been duly dispatched or delivered, in a manner authorized by this section,
				shall be presumptive evidence of proper service. For the purpose of calculating
				time of notice, service shall be deemed effected upon the date of delivery to
				such address. The notice of hearing shall be served upon the registrant at
				least 15 days prior to the date of the hearing.
(b) Notices, orders and communications from
				the Attorney General other than the notice of hearing shall be duly served if
				enclosed in a properly postpaid wrapper addressed to the registrant to be
				notified or communicated with at the address last given in the ticket
				distribution registration filed by him with the Attorney General and deposited,
				as ordinary mail, in a post office, post office box, or mail chute maintained
				by the United States Government or if delivered as provided in subdivision (a)
				of this section. An affidavit by an employee or agent of the Department of Law
				that such notice, order or communication has in the regular course of the
				business of the Department of Law been duly dispatched or delivered, in a
				manner authorized by this section, shall be presumptive evidence of proper
				service. For the purpose of calculating the time of notice, service shall be
				considered effected upon the date of delivery to such address; provided that,
				where service is by ordinary mail, service shall be considered effected three
				days after mailing.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter III - THEATRICAL SYNDICATION FINANCING › Part 52 - Procedural Regulations Governing Hearings Held Under The New York Theatre Ticket Distribution Act › Section 52.5 - Personal appearance; representation by attorney

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any registrant who intends to avail
				himself of the opportunity to be heard, shall personally appear on the date set
				forth in the notice of hearing or any adjourned date and shall be prepared to
				proceed. Any registrant may be represented at the hearing by an attorney. Such
				attorney shall notify the Attorney General in writing of his appearance on
				behalf of the registrant. Thereafter, all further notices, orders and
				communications from the Department of Law may be served upon such attorney and
				such service shall be deemed to be service upon the registrant.
(b) Should the registrant fail to appear at
				the hearing or, having appeared, fail to make his defense, the hearing officer
				shall hear the evidence given by the Attorney General and shall make his
				findings and recommendations on the basis of the aforesaid evidence.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter III - THEATRICAL SYNDICATION FINANCING › Part 52 - Procedural Regulations Governing Hearings Held Under The New York Theatre Ticket Distribution Act › Section 52.6 - Hearing officers; assignment of hearings

Current through Register Vol. 46, No. 28, July 10, 2024
Where the Attorney General does not conduct the hearing it
				  shall be conducted by a hearing officer appointed by and directly responsible
				  to the Attorney General. Hearings shall be assigned to a particular hearing
				  officer by the Attorney General or his designee.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter III - THEATRICAL SYNDICATION FINANCING › Part 52 - Procedural Regulations Governing Hearings Held Under The New York Theatre Ticket Distribution Act › Section 52.7 - Hearings to be public; stenographic record of hearings

Current through Register Vol. 46, No. 28, July 10, 2024
Unless otherwise ordered by the Attorney General, in the
				  public interest, suspension and revocation hearings held by the Attorney
				  General shall be open to the public. Stenographic records of hearings shall be
				  made and transcripts thereof may be furnished to any party upon payment to the
				  stenographer of the reasonable cost thereof, as established by the Department
				  of Law.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter III - THEATRICAL SYNDICATION FINANCING › Part 52 - Procedural Regulations Governing Hearings Held Under The New York Theatre Ticket Distribution Act › Section 52.8 - Application for adjournment

Current through Register Vol. 46, No. 28, July 10, 2024
An application for an adjournment shall be made to the
				  hearing officer and shall set forth in detail the grounds therefor.
				  Adjournments may be granted in the discretion of the hearing officer where good
				  cause exists.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter III - THEATRICAL SYNDICATION FINANCING › Part 52 - Procedural Regulations Governing Hearings Held Under The New York Theatre Ticket Distribution Act › Section 52.9 - Amendment of notice of hearing

Current through Register Vol. 46, No. 28, July 10, 2024
The notice of hearing may be amended upon application by the
				  trial examiner to the hearing officer at any time prior to the conclusion of
				  the hearing. If such application is granted, the hearing officer may, in his
				  discretion, grant additional time to the registrant for further
				  preparation.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter III - THEATRICAL SYNDICATION FINANCING › Part 52 - Procedural Regulations Governing Hearings Held Under The New York Theatre Ticket Distribution Act › Section 52.10 - Conduct of hearing; powers of hearing officer

Current through Register Vol. 46, No. 28, July 10, 2024
The hearing officer shall not be bound by common law or
				  statutory rules of evidence or by technical or formal rules of procedure in the
				  conduct of hearings. He shall have authority to administer oaths, issue
				  subpoenas, rule upon offers of evidence and otherwise so regulate the course of
				  the hearings as to preserve fundamental concepts of fairness and to effectuate
				  the purposes and provisions of the Act.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter III - THEATRICAL SYNDICATION FINANCING › Part 52 - Procedural Regulations Governing Hearings Held Under The New York Theatre Ticket Distribution Act › Section 52.11 - Opportunity to testify and cross-examine; issuance of subpoenas

Current through Register Vol. 46, No. 28, July 10, 2024
A registrant shall be afforded reasonable opportunity to
				  present testimony under oath or other evidence relevant and material to the
				  subject matter of the hearing and to cross-examine any witnesses who testify at
				  such hearing. At the reasonable request of a registrant, the hearing officer
				  shall issue subpoenas to compel the attendance of witnesses and the giving of
				  testimony or production of other evidence. Registrant shall effect his own
				  service.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter III - THEATRICAL SYNDICATION FINANCING › Part 52 - Procedural Regulations Governing Hearings Held Under The New York Theatre Ticket Distribution Act › Section 52.12 - Interrogatories

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Where it has
				been determined that a witness who is outside the State of New York will
				voluntarily answer interrogatories, the trial examiner may prepare
				interrogatories to be answered by such witness and the registrant shall have
				the opportunity to prepare cross-interrogatories as prescribed in this
				section.
(b) The interrogatories
				and cross-interrogatories shall be settled and forwarded by the hearing officer
				to be answered in writing and subscribed to under oath by such witness. Upon
				application to the Attorney General, the Attorney General may make an order
				providing for the taking of such witness's oral testimony pursuant to the
				settled interrogatories by a person designated by the Attorney General. The
				expenses of taking such testimony shall be borne by the applicant therefor
				unless the Attorney General provides otherwise.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter III - THEATRICAL SYNDICATION FINANCING › Part 52 - Procedural Regulations Governing Hearings Held Under The New York Theatre Ticket Distribution Act › Section 52.13 - Oral argument; briefs

Current through Register Vol. 46, No. 28, July 10, 2024
Oral arguments shall be made only before the hearing offcer
				  and shall be included in the record of the hearing. Such oral argument may, in
				  the discretion of the hearing officer, be curtailed provided that a party shall
				  be given an opportunity to submit his argument in writing. Briefs as to facts
				  or law shall be received and may be requested to be submitted. The hearing
				  officer may fix the time within which briefs shall be filed. Briefs received
				  subsequent to such time need not be considered.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter III - THEATRICAL SYNDICATION FINANCING › Part 52 - Procedural Regulations Governing Hearings Held Under The New York Theatre Ticket Distribution Act › Section 52.14 - Hearing officer's report; exceptions to report

Current through Register Vol. 46, No. 28, July 10, 2024
Upon the conclusion of a hearing the hearing officer shall,
				  by written memorandum to the Attorney General, set forth his findings and
				  recommendations for action by the Attorney General thereon.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter III - THEATRICAL SYNDICATION FINANCING › Part 52 - Procedural Regulations Governing Hearings Held Under The New York Theatre Ticket Distribution Act › Section 52.15 - Final determination made by the attorney general

Current through Register Vol. 46, No. 28, July 10, 2024
The record of the hearing, together with the memorandum of
				  the hearing officer, shall be transmitted to the Attorney General for final
				  determination and order.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter III - THEATRICAL SYNDICATION FINANCING › Part 52 - Procedural Regulations Governing Hearings Held Under The New York Theatre Ticket Distribution Act › Section 52.16 - Petition to reopen hearing

Current through Register Vol. 46, No. 28, July 10, 2024
After the conclusion of a hearing but prior to the making of
				  an order by the Attorney General, a hearing may, upon petition and in the
				  discretion of the hearing officer, be reopened for the presentation of new
				  evidence. Such petition to reopen the hearing shall state in detail the nature
				  of the new evidence, together with the reasons for the failure to submit such
				  evidence prior to the conclusion of the hearing. The hearing officer may upon
				  his own motion and upon reasonable notice to the parties reopen a hearing for
				  the presentation of additional evidence.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter III - THEATRICAL SYNDICATION FINANCING › Part 52 - Procedural Regulations Governing Hearings Held Under The New York Theatre Ticket Distribution Act › Section 52.17 - Orders of the attorney general

Current through Register Vol. 46, No. 28, July 10, 2024
All orders of the Attorney General shall be in writing and
				  shall be filed with the Department of Law, which shall cause certified copies
				  thereof to be served upon the registrant.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter III - THEATRICAL SYNDICATION FINANCING › Part 53 - TICKET DISTRIBUTORS › Section 53.1 - Registration statement form

Current through Register Vol. 46, No. 28, July 10, 2024
The ticket distributor registration statement required under
				  section 23.23 of article 23 of the Arts and Cultural Affairs Law shall be
				  designated form TD-1A and shall be filed with the Bureau of Securities of the
				  Department of Law at 28 Liberty Street, New York, NY 10005 during normal
				  business days of the Department of Law between the hours of 9 a.m. and 5
				  p.m.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter III - THEATRICAL SYNDICATION FINANCING › Part 53 - TICKET DISTRIBUTORS › Section 53.2 - Information required

Current through Register Vol. 46, No. 28, July 10, 2024
The TD-1A form for each particular theatre, stadium, garden,
				  arena or other place where theatre or sporting events are held shall set
				  forth:
(a) the name and address of the
				theatre, stadium, garden, arena or other place where theatre or sporting events
				are held;
(b) the name and address
				of the owner, and the operator or operating lessee thereof;
(c) the names, residence addresses, social
				security numbers, dates of birth and positions of all persons or firms directly
				or indirectly controlling the business of the owner, operator or operating
				lessee as principals, officers, directors, trustees, controlling shareholders
				or managing agents;
(d) the names,
				residence addresses, social security numbers, dates of birth and positions of
				all other theatre and sporting events personnel, as defined in article 23 of
				the Arts and Cultural Affairs Law, including treasurers and assistant
				treasurers and any other person who has control over the allocations or
				distributions of tickets of the theatre, stadium, garden, arena or other places
				named in the form TD-1A.
(e)
				Further information shall be set forth for any person named on the registration
				as follows:
(1) if any such person has been
				convicted of any crime relating to the sale of tickets to theatrical
				productions or sporting events, or violations of article 23 of the Arts and
				Cultural Affairs Law, the details of such convictions shall be set forth
				including the date of the conviction, the court where the conviction was
				obtained and the crime or violation charged;
(2) if any such person has been the subject
				of an order of the Attorney General cancelling or suspending his name from a
				ticket distributor registration or any amendment thereto, pursuant to article
				26-A of the General Business Law, or article 23 of the Arts and Cultural
				Affairs Law, the details of such order shall be set forth including the date of
				such order, the theatre, stadium, garden or other place involved, whether the
				name was cancelled or suspended; if the person was suspended, the length of
				suspension.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter III - THEATRICAL SYNDICATION FINANCING › Part 53 - TICKET DISTRIBUTORS › Section 53.3 - Date and signature

Current through Register Vol. 46, No. 28, July 10, 2024
The date of the filing of the registration shall be set
				  forth, and the name and position of the person filing the form, and the
				  signature of said person.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter III - THEATRICAL SYNDICATION FINANCING › Part 53 - TICKET DISTRIBUTORS › Section 53.4 - Responsibility

Current through Register Vol. 46, No. 28, July 10, 2024
It shall be the responsibility of each owner, lessee or
				  operator, manager, treasurer, assistant treasurer, or any other theatre or
				  sporting events personnel, to file the forms TD-1A and TD-2A and maintain his
				  name as reported thereon on a current basis. However, such forms may be filed
				  by others on his behalf.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter III - THEATRICAL SYNDICATION FINANCING › Part 53 - TICKET DISTRIBUTORS › Section 53.5 - Reporting of changes

Current through Register Vol. 46, No. 28, July 10, 2024
All changes or modifications in the information registered on
				  form TD-1A shall be reported, within 20 days of such change or modification, on
				  form TD-2A.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter III - THEATRICAL SYNDICATION FINANCING › Part 53 - TICKET DISTRIBUTORS › Section 53.6 - Updating the form

Current through Register Vol. 46, No. 28, July 10, 2024
An updated TD-1A form may be filed at any time, but not less
				  than once every 12 months. When a change of ownership of a theatre, stadium,
				  garden, arena or other place where theatre or sporting events are held occurs,
				  an updated form TD-1A shall be filed. Any form TD-1A's prior to the effective
				  date of this Part shall be deemed in compliance with this Part unless:
(1) a change or modification takes place
				requiring an amendment, or
(2) more
				than 12 months have passed since such form has been filed.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter III - THEATRICAL SYNDICATION FINANCING › Part 53 - TICKET DISTRIBUTORS › Section 53.7 - Data to be recorded

Current through Register Vol. 46, No. 28, July 10, 2024
All theatre and sporting events ticket personnel as defined
				  in this section shall keep or cause to be kept books, records, memoranda of
				  correspondence containing the following information in connection with the sale
				  or distribution of tickets:
(a) the
				number of tickets sold, allocated or distributed to ticket brokers licensed
				pursuant to article 25 of the Arts and Cultural Affairs Law of the State of New
				York or other known brokers, specifying the price and location of each ticket
				sold, allocated or distributed to each broker and the date and time of
				performance on each such ticket;
(b) the number of tickets among those
				allocated and distributed to brokers by theatre and sporting events ticket
				personnel, returned by each broker to theatre and sporting events ticket
				personnel, specifying the price of each such returned ticket and the date and
				time of performance on each such ticket;
(c) the number of tickets sold or distributed
				as house seats with recipients thereof, or to duly licensed theatre and
				sporting events party agents representing charitable or eleemosynary
				organizations, specifying the price and location of each ticket sold, allocated
				or distributed and the date and time of performance on each such ticket;
				and
(d) all mail order
				correspondence, including disposition thereof.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter III - THEATRICAL SYNDICATION FINANCING › Part 53 - TICKET DISTRIBUTORS › Section 53.8 - Access to records

Current through Register Vol. 46, No. 28, July 10, 2024
All records required to be kept pursuant to this section
				  shall be preserved for a period of not less than one year subsequent to the
				  date of performance to which such record relates, and shall be made available
				  for inspection upon request to duly authorized agents of the Department of Law
				  at the premises of the theatre, stadium, garden, arena or other place where
				  theatre or sporting events are held, or pursuant to a subpoena at the office of
				  the Department of Law.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter III - THEATRICAL SYNDICATION FINANCING › Part 53 - TICKET DISTRIBUTORS › Section 53.9 - Advance ticket sales; letter of credit or bond or contract of indemnity in lieu of deposit

Current through Register Vol. 46, No. 28, July 10, 2024
The letter of credit, bond or contract of indemnity required
				  under section 23.08(2) of article 23 of the Arts and Cultural Affairs Law shall
				  be in the form available from the New York State Department of State, Division
				  of Licensing Services, 162 Washington Avenue, Albany, NY 12231 and shall be
				  filed with the New York State Department of State, Division of Licensing
				  Services, 162 Washington Avenue, Albany, NY 12231, along with a cover letter
				  setting forth the name and address of the person submitting the letter of
				  credit, bond or contract of indemnity and indicating for whom such letter of
				  credit, bond or contract of indemnity is filed and the purpose for which it is
				  filed. The face amount of the letter of credit, bond or contract of indemnity,
				  together with any escrow deposit, shall be equivalent to the amount of money
				  collected from the advance ticket sales governed by section 23.08. There shall
				  be included in the cover letter accompanying the letter of credit, bond or
				  contract of indemnity, or in a separate statement, a representation by the
				  ticket distributor that any monies collected from advance ticket sales in
				  excess of the amount of the letter of credit, bond or contract of indemnity
				  will be held in an escrow account, as provided by subdivision (l) of
				  23.08.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter IV - INTRASTATE FINANCING › Part 80 - INTRASTATE FINANCING › Section 80.2 - Contents of prospectus

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Cover.
(1) There shall be set
				forth on the outside front cover page of every prospectus the following
				statement in capital letters printed in boldface roman type at least as large
				as 10-point modern type and at least two points leaded:
"THE ATTORNEY-GENERAL OF THE STATE OF NEW YORK HAS NOT PASSED
				  ON OR ENDORSED THE MERITS OF THIS OFFERING. ANY REPRESENTATION TO THE CONTRARY
				  IS UNLAWFUL. N.Y. #__" (THE "N.Y." NUMBER SHALL BE ASSIGNED BY THE
				  ATTORNEY-GENERAL)
There shall be no other reference to filing with the
				  Attorney-General or the Department of Law anywhere in the prospectus.
(2) There shall be set forth on
				the outside front cover page of every prospectus the following:
(i) Name and address of the issuer.
(ii) Date of incorporation or organization of
				issuer and type of issuer entity.
(iii) Type of security being
				offered.
(iv) Price per unit and
				minimum and maximum unit that will be sold to any individual
				purchaser.
(v) Total amount of
				offering.
(vi) Offering
				expenses.
(vii) Net proceeds to
				issuer.
(viii) Date of prospectus
				and date after which it may not be used.
(ix) The name and address of the principal
				distributor of the securities.
(x)
				A statement that "these securities are offered only to
bona
				fide
residents of New York State."
(3) The aforesaid shall not constitute a
				limitation on the contents of the front cover where additional material is
				essential for full and fair disclosure. However, in no event shall the name of
				any governmental agency appear on said cover without written authorization from
				said agency.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter IV - INTRASTATE FINANCING › Part 80 - INTRASTATE FINANCING › Section 80.3 - Supplemental information to be submitted

Current through Register Vol. 46, No. 28, July 10, 2024
Copies of all material corporate or organizational documents
				  of the proposed issuer together with all material documents mentioned in the
				  prospectus (including a sample form of the security to be offered) should be
				  submitted to the Department of Law in duplicate together with a manually signed
				  consent and authorization of every person named in the prospectus as an expert,
				  officer, director or principal.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter IV - INTRASTATE FINANCING › Part 80 - INTRASTATE FINANCING › Section 80.4 - Small offerings

Current through Register Vol. 46, No. 28, July 10, 2024
In lieu of the prospectus called for by the New York
				  Intrastate Financing Act, an issuer proposing a small offering, as defined in
				  these regulations, may submit to the Department of Law a prospectus on form
				  INTRASTATE-5 (Short Form Prospectus) which prospectus may be accepted for
				  filing by the Department of Law, if, on its face, the offering is fair, just
				  and equitable and not part of a series of offerings which in total exceed
				  $40,000. Said small offering prospectus shall consist of form INTRASTATE-5
				  reproduced by photocopy or otherwise plus any additional supplemental
				  information called for by the Department of Law.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter IV - INTRASTATE FINANCING › Part 80 - INTRASTATE FINANCING › Section 80.5 - Offerings to a related group

Current through Register Vol. 46, No. 28, July 10, 2024
In lieu of the prospectus called for by the New York
				  Intrastate Financing Act, an issuer proposing an offering to a related group,
				  as defined in these regulations, may submit to the Department of Law a
				  prospectus on form INTRASTATE-5 (Short Form Prospectus) which prospectus may be
				  accepted for filing by the Department of Law, if, on its face, the offering is
				  fair, just and equitable. Said related group prospectus shall consist of form
				  INTRASTATE-5 reproduced by photocopy or otherwise plus any additional
				  supplemental information called for by the Department of Law.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter IV - INTRASTATE FINANCING › Part 80 - INTRASTATE FINANCING › Section 80.6 - Offerings to sophisticated investors

Current through Register Vol. 46, No. 28, July 10, 2024
In lieu of the prospectus called for by the New York
				  Intrastate Financing Act, an issuer proposing an offering to a group of persons
				  whose net worth, financial background and experience would be such as to enable
				  them to evaluate a prospective investment solely on the basis of original
				  documentation, without other offering literature, may submit to the Department
				  of Law an application for exemption from the prospectus requirements and the
				  Attorney-General may grant said application on finding that such action is not
				  inconsistent with the public interest or the protection of
				  investors.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter IV - INTRASTATE FINANCING › Part 80 - INTRASTATE FINANCING › Section 80.7 - Offerings to a promoter group

Current through Register Vol. 46, No. 28, July 10, 2024
In lieu of the prospectus called for by the New York
				  Intrastate Financing Act, an issuer proposing an offering to a promoter group,
				  as same is defined in these regulations, or the spouses or sons and daughters
				  of the promoters, for front money or otherwise, may submit to the Department of
				  Law an application for exemption from the prospectus requirements and the
				  Attorney-General may grant said application on finding that such action is not
				  inconsistent with the public interest or the protection of
				  investors.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter IV - INTRASTATE FINANCING › Part 80 - INTRASTATE FINANCING › Section 80.8 - Specialized offerings

Current through Register Vol. 46, No. 28, July 10, 2024
In the case of a specialized offering such as a community
				  offering, rights offering, employees' stock purchase plan, investment club or
				  other special type of offering, upon application by the issuer to the
				  Department of Law for exemption from or modification of the prospectus
				  requirements, the Attorney-General may grant said application on finding that
				  such action is not inconsistent with the public interest or the protection of
				  investors.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter IV - INTRASTATE FINANCING › Part 80 - INTRASTATE FINANCING › Section 80.9 - Exempted offerings

Current through Register Vol. 46, No. 28, July 10, 2024
Pursuant to section 359-ff, subdivision 3,  of the General Business Law of the State of New York, small offerings to a promoter group, small offerings to a related group, as defined in these regulations, offers and sales of any interest or participation in a collective trust fund maintained by a bank which interest or participation is issued in connection with a stock bonus, pension, or profit-sharing plan which meets the requirements for qualification under section  401 of the Internal Revenue Code of 1954, and offerings made to fewer than 10 persons are hereby exempted from the provisions of section 359-ff  of the General Business Law. Offerings within the scope of this section are automatically exempted without application.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter IV - INTRASTATE FINANCING › Part 80 - INTRASTATE FINANCING › Section 80.11 - Filing fees

Current through Register Vol. 46, No. 28, July 10, 2024
All filings and applications for exemption from the
				  prospectus requirements should be accompanied by a filing fee equal to one-half
				  of one percent of the offering (.005 times the offering). The minimum fee is
				  $25 and the maximum fee is $1500. Checks should be made payable to the
				  Department of Law and need not be certified. There are no filing fees for
				  amendments (except where additional securities are added) or annual
				  reports.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter IV - INTRASTATE FINANCING › Part 80 - INTRASTATE FINANCING › Section 80.12 - Advertising

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No issuer of
				securities may advertise in a publication, on radio or television, by personal
				contact orally or in writing except by the use of an "authorized
				advertisement". An authorized advertisement is one which is consistent with any
				required prospectus and otherwise meets all of the requirements of subdivisions
				(b) and (c) hereof, except where specifically waived by the Department of Law,
				pursuant to statute.
(b) All
				written advertisements must contain a statement in easily readable print
				(followed by the identification number supplied by the Department of Law) that
				the securities are "Offered by prospectus only to residents of New York State.
				NY # "
(c) All advertisements must
				be consistent with the prospectus, and not contain information not in the
				prospectus or amendments thereto and be submitted to in copy form and accepted
				by the Department of Law 48 hours prior to the first use thereof.
(d) Copies of actual advertisements shall be
				submitted to the Department of Law within five days after each publication,
				except that where the publication is oral or on film or tape, the
				Attorney-General may, on application, waive such requirement.
New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter IV - INTRASTATE FINANCING › Part 80 - INTRASTATE FINANCING › Section 80.13 - Prefiling procedure (optional)

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Prior to formal filing of an offering, an
				issuer may submit the proposed offering literature to the Department of Law and
				request a prefiling conference. Three copies of such prospectus and two copies
				of an unsigned form INTRASTATE 1 (Filing of Intrastate Prospectus) should
				accompany such request together with draft copies of all supplemental
				information documents as set forth in section
				80.3  hereof.
(b) Where an issuer proposes to use form
				INTRASTATE 5 (Short Form Prospectus) in lieu of a full prospectus, two unsigned
				copies of forms INTRASTATE 1 and 5 together with draft copies of all
				supplemental information documents as set forth in section
				80.3  of this Part should be
				submitted to the Department of Law with a request for a prefiling
				conference.
(c) Where an issuer
				seeks an exemption from any requirement a single draft copy of an exemption
				application should be submitted to the Department of Law with a request for a
				prefiling conference.
(d) Issuers
				and their counsel who wish prefiling conferences at a Department of Law office
				other than the New York City office should so indicate in their conference
				request so that provision can be made to send personnel from the New York City
				office to the other office. The availability of conferences out of New York
				City will be dependent upon the number of requests and the availability of
				personnel.