Ohio Administrative Code › Title 1301:6 - Division of Securities › Chapter 1301:6-3 - Registration of Securities; Licensing › Section 1301:6-3-06 - Transactions registered by description

Current through all regulations passed and filed through July 1, 2024
(A) Every registration by description filed
			 with the division pursuant to section
			 1707.06 of the Revised Code
			 shall be filed on an appropriate division form. A registration by description
			 intended to comply with division (A)(1) of section
			 1707.06 of the Revised Code
			 shall be filed on a division form 6(A)(1), a registration by description
			 intended to comply with division (A)(2) of section
			 1707.06 of the Revised Code
			 shall be filed on a division form 6(A)(2), a registration by description
			 intended to comply with division (A)(3) of section
			 1707.06 of the Revised Code
			 shall be filed on a division form 6(A)(3), and a registration by description
			 intended to comply with division (A)(4) of section
			 1707.06 of the Revised Code
			 shall be filed on a division form 6(A)(4). The registration by description
			 shall be accompanied by any additional exhibits requested by the division for
			 the protection of investors, and the following exhibits, as necessary:
(1) Where the issuer has engaged in
			 operations for ninety days or more prior to the date of the filing of the
			 registration by description with the division, a balance sheet of the issuer as
			 of a date not more than ninety days prior to the date of filing of the
			 registration by description with the division and statements of income and
			 shareholder's equity for the two years prior to the date of the balance sheet
			 or the period of the issuer's existence if less than two years, either audited
			 by an independent public accountant or verified as true in all material
			 respects within the actual knowledge and belief of the chief financial officer
			 or the general partner of the issuer. If any financial statements used in
			 connection with a registration by description are accompanied by a report of an
			 independent public accountant, a letter from the accountant consenting to the
			 use of the report shall be attached to the application; and
(2) Where the aggregate amount of the
			 securities to be registered by description exceeds two hundred fifty thousand
			 dollars, or where the securities to be registered by description represent
			 interests in oil and gas, an offering circular prepared in accordance with
			 paragraph (D) of this rule;
(3)
			 When the issuer has sold securities in violation of the Ohio securities act not
			 more than five years prior to the registration by description, an exhibit
			 stating:
(a) The total number of persons to
			 whom the securities were originally sold,
(b) The consideration received by the issuer
			 for the securities, showing in detail whether the consideration was in cash or
			 in property or services, and if in property or services, the nature, value and
			 description thereof, and
(c) The
			 total number of each type of securities outstanding;
(4) One copy of any offering circular,
			 prospectus, advertising, sales literature, or other writing to be used in
			 connection with the offering or sale of the securities registered by
			 description.