Virginia Administrative Code › Title 11 - GAMING › Agency 10 - VIRGINIA RACING COMMISSION › Chapter 40 - SATELLITE FACILITIES › Part II - Application for a License › Section 11VAC10-40-150 - Disclosure of ownership and control

Current through Register Vol. 40, No. 24, July 15, 2024
An applicant must disclose, if not already a licensee of
					 the commission:
1. The type of
				  organizational structure of the applicant, whether individual, business
				  corporation, nonprofit corporation, partnership, joint venture, trust,
				  association, or other;
2. If the
				  applicant is an individual, the applicant's legal name, whether the applicant
				  is a United States citizen, any aliases and business or trade names currently
				  or previously used by the applicant, and copies of all state and federal tax
				  returns for the past five years;
3.
				  If the applicant is a corporation:
a. The
				  applicant's full corporate name and any trade names currently or previously
				  used by the applicant;
b. The
				  jurisdiction and date of incorporation;
c. The date the applicant began doing
				  business in Virginia and a copy of the applicant's certificate of authority to
				  do business in Virginia;
d. Copies
				  of the applicant's articles of incorporation, bylaws, and all state and federal
				  corporate tax returns for the past five years;
e. The general nature of the applicant's
				  business;
f. Whether the applicant
				  is publicly held as defined by the rules and regulations of the Securities and
				  Exchange Commission;
g. The classes
				  of stock of the applicant. As to each class, the number of shares authorized,
				  number of shares subscribed to, number issued, number outstanding, par value
				  per share, issue price, current market price, number of shareholders, terms,
				  position, rights, and privileges must be disclosed;
h. Whether the applicant has any other
				  obligations or securities authorized or outstanding which bear voting rights
				  either absolutely or upon any contingency, the nature thereof, face or par
				  value, number of units authorized, number outstanding, and conditions under
				  which they may be voted;
i. The
				  names, in alphabetical order, and addresses of the directors and, in a separate
				  list, officers of the applicant. The number of shares held of record directly
				  or indirectly by each director and officer as of the application date of each
				  class of stock, including stock options and subscriptions, and units held of
				  record or beneficially of other obligations or securities which bear voting
				  rights must be disclosed;
j. The
				  names, in alphabetical order, and addresses of each recordholder as of the date
				  of application or beneficial owner of shares, including stock options and
				  subscriptions, of the applicant or units of other obligations or securities
				  which bear voting rights. As to each holder of shares or units, the number and
				  class or type of shares or units must be disclosed;
k. Whether the requirements of the Securities
				  Act of 1933 and Securities and Exchange Act of 1934, as amended, and Securities
				  and Exchange Commission rules and regulations have been met in connection with
				  issuance of applicant's securities, and copies of the most recent registration
				  statement and annual report filed with the Securities and Exchange
				  Commission;
l. Whether the
				  securities registration and filing requirements of the applicant's jurisdiction
				  of incorporation have been met, and a copy of the most recent registration
				  statement filed with the securities regulator in that jurisdiction;
				  and
m. Whether the securities
				  registration and filing requirements of the Commonwealth of Virginia have been
				  met. If they have not, the applicant must disclose the reasons why. The
				  applicant must provide copies of all securities filings with Virginia's State
				  Corporation Commission during the past five years;