reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 460 - Financial Institutions, Department of (Securities Division) › Chapter 460-33A - Regulations concerning securities involving mortgages, trust deeds or property sales contracts (Repealed) › Section 460-33A-105 - Appraisals (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   21.20.060, [21.20].070,[21.20].090, [21.20].100, [21.20].180, [21.20].210,[21.20].250, [21.20].270, and
				  [21.20].450. 12-11-087, §
										460-33A-105, filed 5/17/12,
				  effective 6/17/12. Statutory Authority:
				  RCW
				   21.20.450. 01-23-002, §
										460-33A-105, filed 11/7/01,
				  effective 12/8/01. Statutory Authority: RCW 21.20.045. 92-18-009, §
										460-33A-105, filed 8/21/92,
				  effective 9/21/92. Statutory Authority:
				  RCW
				   21.20.450. 89-17-078 (Order SDO-124-89),
				  §
										460-33A-105, filed 8/17/89,
				  effective 9/17/89; 86-21-107 (Order SDO-140-86), §
										460-33A-105, filed 10/20/86;
				  83-03-025 (Order SDO-7-83), §
										460-33A-105, filed
				  1/13/83.
Washington Administrative Code › Title 460 - Financial Institutions, Department of (Securities Division) › Chapter 460-33A - Regulations concerning securities involving mortgages, trust deeds or property sales contracts (Repealed) › Section 460-33A-110 - Financial statements and annual reports (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   21.20.060, [21.20].070,[21.20].090, [21.20].100, [21.20].180, [21.20].210,[21.20].250, [21.20].270, and
				  [21.20].450. 12-11-087, §
										460-33A-110, filed 5/17/12,
				  effective 6/17/12. Statutory Authority:
				  RCW
				   21.20.450. 01-23-002, §
										460-33A-110, filed 11/7/01,
				  effective 12/8/01; 86-21-107 (Order SDO-140-86), §
										460-33A-110, filed 10/20/86;
				  83-03-025 (Order SDO-7-83), §
										460-33A-110, filed
				  1/13/83.
Washington Administrative Code › Title 460 - Financial Institutions, Department of (Securities Division) › Chapter 460-33A - Regulations concerning securities involving mortgages, trust deeds or property sales contracts (Repealed) › Section 460-33A-115 - Books and records (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   21.20.060, [21.20].070,[21.20].090, [21.20].100, [21.20].180, [21.20].210,[21.20].250, [21.20].270, and
				  [21.20].450. 12-11-087, §
										460-33A-115, filed 5/17/12,
				  effective 6/17/12. Statutory Authority:
				  RCW
				   21.20.450. 01-23-002, §
										460-33A-115, filed 11/7/01,
				  effective 12/8/01. Statutory Authority: RCW 21.20.045. 92-18-009, §
										460-33A-115, filed 8/21/92,
				  effective 9/21/92. Statutory Authority:
				  RCW
				   21.20.450. 86-21-107 (Order SDO-140-86),
				  §
										460-33A-115, filed
				  10/20/86.
Washington Administrative Code › Title 460 - Financial Institutions, Department of (Securities Division) › Chapter 460-33A - Regulations concerning securities involving mortgages, trust deeds or property sales contracts (Repealed) › Section 460-33A-116 - Access to loan records by investors (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   21.20.060, [21.20].070,[21.20].090, [21.20].100, [21.20].180, [21.20].210,[21.20].250, [21.20].270, and
				  [21.20].450. 12-11-087, §
										460-33A-116, filed 5/17/12,
				  effective 6/17/12.
Washington Administrative Code › Title 460 - Financial Institutions, Department of (Securities Division) › Chapter 460-33A - Regulations concerning securities involving mortgages, trust deeds or property sales contracts (Repealed) › Section 460-33A-120 - Preservation of records (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   21.20.450. 01-23-002, §
										460-33A-120, filed 11/7/01,
				  effective 12/8/01; 86-21-107 (Order SDO-140-86), §
										460-33A-120, filed
				  10/20/86.
Washington Administrative Code › Title 460 - Financial Institutions, Department of (Securities Division) › Chapter 460-33A - Regulations concerning securities involving mortgages, trust deeds or property sales contracts (Repealed) › Section 460-33A-125 - Notice of changes by mortgage broker-dealers (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   21.20.060, [21.20].070,[21.20].090, [21.20].100, [21.20].180, [21.20].210,[21.20].250, [21.20].270, and
				  [21.20].450. 12-11-087, §
										460-33A-125, filed 5/17/12,
				  effective 6/17/12. Statutory Authority:
				  RCW
				   21.20.450. 01-23-002, §
										460-33A-125, filed 11/7/01,
				  effective 12/8/01. Statutory Authority: RCW 21.20.045. 92-18-009, §
										460-33A-125, filed 8/21/92,
				  effective 9/21/92. Statutory Authority:
				  RCW
				   21.20.450. 86-21-107 (Order SDO-140-86),
				  §
										460-33A-125, filed
				  10/20/86.
Washington Administrative Code › Title 460 - Financial Institutions, Department of (Securities Division) › Chapter 460-33A - Regulations concerning securities involving mortgages, trust deeds or property sales contracts (Repealed) › Section 460-33A-130 - Notice of complaint (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   21.20.450. 01-23-002, §
										460-33A-130, filed 11/7/01,
				  effective 12/8/01; 86-21-107 (Order SDO-140-86), §
										460-33A-130, filed
				  10/20/86.
Washington Administrative Code › Title 460 - Financial Institutions, Department of (Securities Division) › Chapter 460-42A - Exempt securities › Section 460-42A-020 - Government bonds payable from industrial or commercial enterprises

Current through Register Vol. 24-14, July 15, 2024
The term "industrial or commercial enterprise" as employed in
				RCW
				 21.20.310(1) includes, but
				is not limited to, a private profit or nonprofit hospital, health care
				facility, college, university or educational institution, single or multifamily
				mortgage loan program, port authority concessionaire, or manufacturing or
				service business.
Statutory Authority:
				  RCW
				  21.20.310(1) and
				  21.20.450. 89-21-031 (Order
				  SDO-160-89), §
										460-42A-020, filed 10/11/89,
				  effective 11/11/89. Statutory Authority:
				  RCW
				   21.20.450. 81-04-048 (Order SDO-15-81),
				  §
										460-42A-020, filed
				  2/3/81.
Washington Administrative Code › Title 460 - Financial Institutions, Department of (Securities Division) › Chapter 460-42A - Exempt securities › Section 460-42A-030 - Exemption of securities pursuant to RCW 21.20.310(1)

Current through Register Vol. 24-14, July 15, 2024
Any security which would otherwise be exempt from registration
				under
				RCW
				 21.20.310(1) except that it
				is payable from a nongovernmental industrial or commercial enterprise shall be
				exempt from registration if it meets the requirements of either subsection (1)
				or (2) of this section:
(1) The
			 security receives a rating of "AA" or better from Standard and Poor's
			 Corporation or an equivalent rating from
Moody's Investors Service,
			 Inc. or Fitch Ratings, Inc.
; or
(2)
(a) The
			 security is issued to fund a single-family mortgage loan program established
			 and operated by a state housing finance agency; and
(b) The security receives a rating of at
			 least "A+" from Standard and Poor's Corporation or an equivalent rating from
Moody's Investors Service, Inc. or Fitch Ratings,
			 Inc.
Washington Administrative Code › Title 460 - Financial Institutions, Department of (Securities Division) › Chapter 460-42A - Exempt securities › Section 460-42A-081 - Exchange and national market system exemption

Current through Register Vol. 24-14, July 15, 2024
(1) Any securities listed or designated, or
			 approved for listing or designation upon notice of issuance, on (a) the New
			 York Stock Exchange LLC, (b) the NYSE MKT LLC ("NYSE MKT"), (c) the National
			 Market System of the NASDAQ Stock Market ("NASDAQ/NGM"), (d) Tier I of the NYSE
			 Arca, Inc., (e) Tier I of the NASDAQ OMX PHLX LLC, (f) the Chicago Board
			 Options Exchange, Incorporated, (g) options listed on the International
			 Securities Exchange, LLC, (h) the NASDAQ Capital Market, (i) Tier I and Tier II
			 of BATS Exchange, Inc., any other security of the same issuer which is of
			 senior or substantially equal rank, any security called for by subscription
			 rights or warrants so listed or approved, or any warrant or right to purchase
			 or subscribe to any of the foregoing is exempt under
			 RCW
			  21.20.310(8).
(2)
(a) For
			 the purposes of nonissuer transactions only, any security meeting the following
			 requirements is exempted under
			 RCW
			  21.20.310(8):
(i) The issuer of the security is a reporting
			 issuer in a foreign country or jurisdiction designated in (b) of this
			 subsection, or by rule or order of the director, and has been subject to
			 continuous reporting requirements in such foreign country for not less than one
			 hundred eighty days before the transaction; and
(ii) The security is listed on such foreign
			 country's securities exchange which has been designated in (b) of this
			 subsection, or by rule or order of the director, or is a security of the same
			 issuer which is of senior or substantially equal rank to such listed security
			 or is a warrant or right to purchase or subscribe to any of the
			 foregoing.
Washington Administrative Code › Title 460 - Financial Institutions, Department of (Securities Division) › Chapter 460-42A - Exempt securities › Section 460-42A-082 - World class foreign issuer exemption

Current through Register Vol. 24-14, July 15, 2024
(1) Any security meeting all of the following
			 conditions is exempted under
			 RCW
			  21.20.310(8):
(a) The securities are:
(i) Equity securities except options,
			 warrants, preferred stock, subscription rights, securities convertible into
			 equity securities or any right to subscribe to or purchase such options,
			 warrants, convertible securities or preferred stock;
(ii) Units consisting of equity securities
			 permitted by (a)(i) of this subsection and warrants to purchase the same equity
			 security being offered in the unit;
(iii) Nonconvertible debt securities that are
			 rated in one of the four highest rating categories of Standard and Poor's
			 Corporation, Mergent, Inc., Dominion Bond Rating Services, Canadian Bond
			 Rating Services or such other rating organization which the administrator by
			 rule or order may designate. For purposes of this subsection (1)(a)(iii) of
			 this section, nonconvertible debt securities means securities that cannot be
			 converted for at least one year from the date of issuance and then only into
			 equity shares of the issuer or its parent; or
(iv) American Depository receipt representing
			 securities described in (a)(i), (ii) or (iii) of this subsection.
Washington Administrative Code › Title 460 - Financial Institutions, Department of (Securities Division) › Chapter 460-42A - Exempt securities › Section 460-42A-085 - International banks

Current through Register Vol. 24-14, July 15, 2024
Any security issued or guaranteed as to both principal and
				interest by an international bank of which the United States is a member is
				exempted under
				RCW
				 21.20.310(8).
Statutory Authority:
				  RCW
				  21.20.310(8) and
				  21.20.450. 80-04-037 (Order
				  SDO-37-80), §
										460-42A-085, filed
				  3/19/80.
Washington Administrative Code › Title 460 - Financial Institutions, Department of (Securities Division) › Chapter 460-44A - Exempt transactions › Section 460-44A-050 - Isolated transactions - Sales not involving a public offering

Current through Register Vol. 24-14, July 15, 2024
(1) An "isolated
			 transaction" within the meaning of
			 RCW
			  21.20.320(1) includes:
(a) Subject to the limitation of (b) of this
			 subsection, any sale of an outstanding security by or on behalf of a person not
			 in control of the issuer or controlled by the issuer or under common control
			 with the issuer and not involving a distribution;
(b) Any sale satisfying the requirements of
			 (a) of this subsection that is effected through a broker-dealer, provided that
			 it is one of not more than three such transactions effected by or through the
			 broker-dealer in this state during the prior twelve months;
(c) Any sale of an outstanding security by or
			 on behalf of a person in control of the issuer or controlled by the issuer or
			 under common control with the issuer if the sale is effected pursuant to:
(i) Brokers' transactions in accordance with
			 section 4(a)(4) of the Securities Act of 1933 and Rule 144 thereunder;
			 or
(ii) Any other transaction not
			 effected through a broker-dealer and not involving a distribution, if the sale,
			 including any other sales of securities of the same class during the prior
			 twelve months inside or outside this state by the person, does not exceed 1% of
			 the outstanding shares or units of that class; or
(d) Any sale of a security by or on behalf of
			 an issuer that is one of not more than three such transactions inside or
			 outside this state during the prior twenty-four months.
An exemption provided by (a), (b), (c), or (d) of this
				subsection shall not be available for any offering made in a manner
				inconsistent with the limitations set forth in (a), (b), (c), or (d) of this
				subsection, respectively.
Washington Administrative Code › Title 460 - Financial Institutions, Department of (Securities Division) › Chapter 460-44A - Exempt transactions › Section 460-44A-075 - Definition of real estate mortgages when "offered and sold as a unit."

Current through Register Vol. 24-14, July 15, 2024
A bond or other evidence of indebtedness secured by a mortgage,
				deed of trust or agreement of sale, involves an "investment contract other than
				the bond or other evidence of indebtedness" within the meaning of
				RCW
				 21.20.320(5)(c) if any of
				the following services are offered or included by an issuer or its
				affiliates:
(1) Guarantying the note
			 or contract against loss at any time; or
(2) Guarantying that payments of principal or
			 interest will be paid; or
(3)
			 Assuming any payments necessary to protect the security of the note or
			 contract, excluding necessary advances for taxes and insurance; or
(4) Guarantying a specific yield or return on
			 the note or contract; or
(5) Paying
			 any interest or premium for a period prior to actual purchase and delivery of
			 the note or contract; or
(6) Paying
			 any money other than that collected from the borrower after the note or
			 contract falls into arrears; or
(7)
			 Repurchasing the note or contract, provided that, this is not intended to
			 prohibit good faith repurchases as an effort to assist the investor as long as
			 the representation is not made at the time of sale and not as a part of the
			 sales program; or
(8) Promising the
			 investor a market for the resale of the mortgage paper securities.
Statutory Authority:
				  RCW
				  21.20.450. 92-18-008, §
										460-44A-075, filed 8/21/92,
				  effective 9/21/92; 80-04-037 (Order SDO-37-80), §
										460-44A-075, filed
				  3/19/80.
Washington Administrative Code › Title 460 - Financial Institutions, Department of (Securities Division) › Chapter 460-44A - Exempt transactions › Section 460-44A-100 - Nonissuer transactions pursuant to RCW 2120320(2)Manual exemption

Current through Register Vol. 24-14, July 15, 2024
Any nonissuer transaction by a registered salesperson of a
				registered broker-dealer, and any resale transaction by a sponsor of a unit
				investment trust registered under the Investment Company Act of 1940, in a
				security of a class that has been outstanding in the hands of the public for at
				least ninety days shall be exempt pursuant to
				RCW
				 21.20.320(2) provided that,
				at the time of the transaction:
(1)
			 The issuer of the security is actually engaged in business and not in the
			 organizational stage, bankruptcy, or receivership;
(2) The issuer is not a blank check, blind
			 pool or shell company that has no specific business plan or purpose or has
			 indicated that its primary business plan is to engage in a merger or
			 combination of the business with, or an acquisition of, an unidentified person
			 ;
(3) The security is sold at a
			 price reasonably related to its current market price ;
(4) The security does not constitute the
			 whole or part of an unsold allotment to, or a subscription or participation by,
			 the broker-dealer as an underwriter of the security or a
			 redistribution;
(5) A nationally
			 recognized securities manual or its electronic equivalent designated by the
			 director pursuant to WAC
			 460-10A-160 or a document filed
			 with and publicly available through the U.S. Securities and Exchange Commission
			 that is publicly available contains:
(a) A
			 description of the business and operations of the issuer;
(b) The names of the issuer's executive
			 officers and the names of the issuer's directors, if any, or, in the case of a
			 non-U.S. issuer, the corporate equivalents of such persons in the issuer's
			 country of domicile;
(c) An audited
			 balance sheet of the issuer as of a date within eighteen months before the date
			 of the transaction or, in the case of a reorganization or merger when the
			 parties to the reorganization or merger each had an audited balance sheet, a
			 pro forma balance sheet for the combined organization; and
(d) An audited income statement for each of
			 the issuer's two immediately previous fiscal years or for the period of
			 existence of the issuer, whichever is shorter or, in the case of a
			 reorganization or merger where the parties to the reorganization or merger had
			 such audited income statement, a pro forma income statement; and
Washington Administrative Code › Title 460 - Financial Institutions, Department of (Securities Division) › Chapter 460-44A - Exempt transactions › Section 460-44A-110 - Nonissuer transactions pursuant to RCW 21.20.320(2) - Senior securities

Current through Register Vol. 24-14, July 15, 2024
Any nonissuer transaction in a security by a registered
				salesperson of a registered broker-dealer shall be exempt pursuant to
				RCW
				 21.20.320(2) if:
(1) The issuer of the security is actually
			 engaged in business and not in the organizational stage, bankruptcy or
			 receivership;
(2) The issuer is not
			 a blank check, blind pool or shell company whose primary plan of business is to
			 engage in a merger or combination of the business with, or an acquisition of,
			 an unidentified person or persons;
(3) The security is senior in rank to the
			 common stock of the issuer both as to payment of dividends or interest and upon
			 dissolution or liquidation of the issuer;
(4) Such security has been outstanding in the
			 hands of the public for at least three years; and
(5) Neither the issuer nor any predecessors
			 has defaulted, within the current fiscal year or the three immediately
			 preceding fiscal years, in the payment of any dividend, interest, principal, or
			 sinking fund instalment on the security when due and payable.
Statutory Authority:
				  RCW
				  21.20.450 and
				  21.20.320(2).
				  98-17-012, §
										460-44A-110, filed 8/10/98,
				  effective 9/10/98.
Washington Administrative Code › Title 460 - Financial Institutions, Department of (Securities Division) › Chapter 460-44A - Exempt transactions › Section 460-44A-200 - Exemption from registration for secondary transactions pursuant to RCW 21.20.320(15)

Current through Register Vol. 24-14, July 15, 2024
The term "securities previously sold and distributed to the
				public" as used in
				RCW
				 21.20.320(15) shall not
				include securities sold and distributed pursuant to Securities and Exchange
				Commission Regulation D that have not been registered with the securities
				administrator of this state pursuant to the Securities Act of Washington. The
				administrator finds that in enacting
				RCW
				 21.20.320(15) the
				legislature did not contemplate the exemption of offers and sales of securities
				in the state of Washington that have been reviewed by neither the Securities
				and Exchange Commission nor the securities administrator of this
				state.
Statutory Authority:
				  RCW
				  21.20.450 and
				  21.20.320(15).
				  86-15-023 (Order SDO-89-86), §
										460-44A-200, filed
				  7/14/86.
Washington Administrative Code › Title 460 - Financial Institutions, Department of (Securities Division) › Chapter 460-44A - Exempt transactions › Section 460-44A-502 - General conditions to be met

Current through Register Vol. 24-14, July 15, 2024
The following conditions shall be applicable to offers and
				sales made under WAC
				460-44A-504 or
				460-44A-505:
(1) "Integration." All sales that are part of
			 the same offering under these rules must meet all of the terms and conditions
			 of these rules. Offers and sales that are made more than six months before the
			 start of an offering or are made more than six months after completion of an
			 offering, will not be considered part of that offering, so long as during those
			 six month periods there are no offers or sales of securities by or for the
			 issuer that are of the same or a similar class as those offered or sold under
			 these rules, other than those offers or sales of securities under an employee
			 benefit plan.
Note: The term "offering" is not defined in the securities
				acts. If the issuer offers or sells securities for which the safe harbor rule
				in WAC 460-44A-502(1)
				 is unavailable, the determination as to whether separate sales of securities
				are part of the same offering (i.e., are considered "integrated") depends on
				the particular facts and circumstances. Generally, transactions otherwise
				meeting the requirements of an exemption will not be integrated with
				simultaneous offerings being made outside the United States in compliance with
				Securities and Exchange Commission Regulation S.
The following factors should be considered in determining
				whether offers and sales should be integrated for purposes of the exemptions
				under these rules:
(a)Whether the sales
			 are part of a single plan of financing;
(b)Whether the sales involve issuance of the
			 same class of securities;
(c)
			 Whether the sales have been made at or about the same time;
(d)Whether the same type of consideration is
			 received; and
(e)Whether the sales
			 are made for the same general purpose.
See Securities and Exchange Commission Release No. 33-4552
				(November 6, 1962).
Washington Administrative Code › Title 460 - Financial Institutions, Department of (Securities Division) › Chapter 460-44A - Exempt transactions › Section 460-44A-503 - Filing of notice and payment of fee

Current through Register Vol. 24-14, July 15, 2024
(1) An issuer offering or selling securities
			 in reliance on WAC
			 460-44A-504
			 or
			 460-44A-506
			 shall file with the administrator of securities of the department of financial
			 institutions or his or her designee a notice and pay a filing fee as follows:
(a)
(i)
(A) For an offering of a security in reliance
			 upon the Securities Act of 1933, Regulation D, Rule 230.506(b) and
			 RCW
			  21.20.327(2) and
			 21.20.320(1),
			 the issuer shall file a notice on Securities and Exchange Commission Form D
			 marking Rule 506(b) and pay a filing fee of three hundred dollars no later than
			 fifteen days after the first sale of such securities in the state of
			 Washington, unless the end of that period falls on a Saturday, Sunday or
			 holiday, in which case the due date would be the first business day
			 following.
(B) For an offering of a
			 security in reliance upon the Securities Act of 1933, Regulation D, Rule
			 230.506(c) and
			 RCW
			  21.20.327(2), the issuer
			 shall file a notice on Securities and Exchange Commission Form D marking Rule
			 506(c) and pay a filing fee of three hundred dollars no later than fifteen days
			 after the first sale of such securities in the state of Washington, unless the
			 end of that period falls on a Saturday, Sunday or holiday, in which case the
			 due date would be the first business day following.
(C) For an offering in reliance on Securities
			 and Exchange Commission Rule 504 and WAC
			 460-44A-504,
			 the issuer shall file the initial notice on Securities and Exchange Commission
			 Form D marking Rule 504 and pay a filing fee of fifty dollars no later than ten
			 business days (or such lesser period as the administrator may allow) prior to
			 receipt of consideration or the delivery of a signed subscription agreement by
			 an investor in the state of Washington which results from an offer being made
			 in reliance upon WAC
			 460-44A-504;
(D) For an offering in reliance on Securities
			 and Exchange Commission Rule 147 or 147A and WAC
			 460-44A-504,
			 the issuer shall file the initial notice on Washington Securities Division Form
			 WAC
			 460-44A-504/Rule 147/Rule 147A and pay a filing fee of fifty dollars no later than ten
			 business days (or such lesser period as the administrator may allow) prior to
			 receipt of consideration or the delivery of a signed subscription agreement by
			 an investor in the state of Washington which results from an offer being made
			 in reliance on the exemption of WAC
			 460-44A-504;
Washington Administrative Code › Title 460 - Financial Institutions, Department of (Securities Division) › Chapter 460-44A - Exempt transactions › Section 460-44A-505 - Uniform offering exemption for limited offers and sales of securities not exceeding $5,000,000 (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   21.20.450,
				  21.20.320(1), (9),
				  (17). 08-16-072, §
										460-44A-505, filed 7/31/08,
				  effective 9/15/08. Statutory Authority:
				  RCW
				   21.20.450. 94-03-061, §
										460-44A-505, filed 1/14/94,
				  effective 2/14/94. Statutory Authority:
				  RCW
				   21.20.320(1) and (16)  and
				  21.20.450. 89-17-076 (Order
				  SDO-122-89), §
										460-44A-505, filed 8/17/89,
				  effective 9/17/89. Statutory Authority:
				  RCW
				   21.20.320(16) and
				  21.20.450. 88-15-024 (Order
				  SDO-71-88), §
										460-44A-505, filed 7/12/88.
				  Statutory Authority:
				  RCW
				   21.20.320(17) and
				  21.20.340(11).
				  86-15-003 (Order SDO-80-86), §
										460-44A-505, filed
				  7/3/86.
Washington Administrative Code › Title 460 - Financial Institutions, Department of (Securities Division) › Chapter 460-44A - Exempt transactions › Section 460-44A-506 - Conditions pertaining to the offer and sale of securities pursuant to Rule 506 of the Securities Act of 1933

Current through Register Vol. 24-14, July 15, 2024
(1) Offers and sales of securities by an
			 issuer in compliance with the Securities Act of 1933, Regulation D, Rules
			 230.501 through 230.503; 230.506; and 230.508 as made effective in Release No.
			 33-6389, and as amended in Release Nos. 33-6437, 33-6663, 33-6758, 33-6825,
			 33-6863, 33-6949, 33-6996, 33-8891, 33-9414, and 33-9415 shall satisfy the
			 conditions in subsections (2) and (3) of this section.
(2) To qualify for preemption under this
			 section, offers and sales must satisfy all the terms and conditions of WAC
			 460-44A-503.
Note: In order to comply with this section the issuer must
				comply with the provisions of Rule 506 (17 C.F.R. Sec. 230.506) of the
				Federal Securities and Exchange Commission.
(3) Offers or sales which are exempted under
			 this section may not be combined in the same offering with offers or sales
			 exempted under any other rule or section of
			 chapter
			 21.20 RCW; however,
			 nothing in this limitation shall act as an election. Should for any reason an
			 offering fail to comply with all of the conditions for this section, the issuer
			 may claim the availability of any other applicable exemption.
Statutory Authority:
				  RCW
				   21.20.450,
				  21.20.320(1), (9),
				  (17). 08-16-072, §
										460-44A-506, filed 7/31/08,
				  effective 9/15/08; 98-11-014, §
										460-44A-506, filed 5/12/98,
				  effective 6/12/98. Statutory Authority:
				  RCW
				   21.20.450. 94-03-061, §
										460-44A-506, filed 1/14/94,
				  effective 2/14/94. Statutory Authority:
				  RCW
				   21.20.320(1) and (16)  and
				  21.20.450. 89-17-076 (Order
				  SDO-122-89), §
										460-44A-506, filed 8/17/89,
				  effective 9/17/89; 88-15-024 (Order SDO-71-88), §
										460-44A-506, filed 7/12/88.
				  Statutory Authority:
				  RCW
				   21.20.320(1) and (17)  and
				  21.20.340(11).
				  86-15-003 (Order SDO-80-86), §
										460-44A-506, filed 7/3/86.
				  Statutory Authority:
				  RCW
				   21.20.320(1) and
				  21.20.450. 85-01-062 (Order
				  SDO-196-84), §
										460-44A-506, filed 12/17/84;
				  82-21-031 (Order SDO-98-82), §
										460-44A-506, filed
				  10/15/82.
Washington Administrative Code › Title 460 - Financial Institutions, Department of (Securities Division) › Chapter 460-44A - Exempt transactions › Section 460-44A-508 - Insignificant deviations from a term, condition, or requirement of WAC 460-44A-501 through 460-44A-505

Current through Register Vol. 24-14, July 15, 2024
(1) A
			 failure to comply with a term, condition, or requirement of WAC
			 460-44A-504 or
			 460-44A-505 will not result in
			 the loss of the exemption from the registration requirements of
			 RCW
			  21.20.140 for any offer or sale to a
			 particular individual or entity, if the person relying on the exemption shows:
(a) The failure to comply did not pertain to
			 a term, condition, or requirement directly intended to protect that particular
			 individual or entity; and
(b) The
			 failure to comply was insignificant with respect to the offering as a whole:
			 Provided, That any failure to comply with WAC
			 460-44A-502(3),
			 460-44A-503,
			 460-44A-504(3)(a), (c), and
			 (e),
			 460-44A-505(2)(d) and (e) and
			 (3), paragraph (c) of Securities and Exchange
			 Commission Rule 502, and paragraphs (b)(2)(i) and (ii) of Securities and
			 Exchange Commission Rule 505 shall be deemed to be significant to the offering
			 as a whole; and
(c) A good faith
			 and reasonable attempt was made to comply with all applicable terms,
			 conditions, and requirements of WAC
			 460-44A-504 or
			 460-44A-505.
Washington Administrative Code › Title 460 - Financial Institutions, Department of (Securities Division) › Chapter 460-52A - Nonprofit organizations › Section 460-52A-020 - Definitions - Transactions not involving a security

Current through Register Vol. 24-14, July 15, 2024
The following transactions of nonprofit organizations will not involve the issuance of a security for registration purposes.
(1) Outright gifts with no expectation of return on investment by the donor.
(2) Outright gifts as above, but subject to reserved life estates.
(3) Testamentary dispositions.
(4) Voluntary inter vivos trusts.
(a) The following are considered to be voluntary inter vivos trusts:
(i) Charitable remainder trusts, as defined in Section  664 of the Internal Revenue Code.
(ii) Charitable remainder annuity trusts, as defined in Section  664 of the Internal Revenue Code.
(iii) Charitable remainder unitrusts as defined in Section  664 of the Internal Revenue Code.
(iv) Pooled income funds as described in Section  646(c)(5) of the Internal Revenue Code.
Washington Administrative Code › Title 460 - Financial Institutions, Department of (Securities Division) › Chapter 460-60A - Financial statements and reports - Contents and filing requirements › Section 460-60A-010 - Financial statements

Current through Register Vol. 24-14, July 15, 2024
(1) All
			 financial statements required to be filed under these regulations shall be
			 prepared in form and content in accordance with generally accepted accounting
			 principles.
(2) The administrator
			 may require the filing of other statements in addition to, or in substitution
			 for, the statements herein required in any case where such statements are
			 necessary or appropriate for an adequate presentation of the financial
			 condition of any issuer or person whose financial statements are required, or
			 whose statements are otherwise necessary for the protection of
			 investors.
Statutory Authority:
				  RCW
				  21.20.210(14). 79-09-028
				  (Order SD-57-79), §
										460-60A-010, filed 8/14/79; Order
				  304, §
										460-60A-010, filed 2/28/75,
				  effective 4/1/75. Formerly chapter 460-60
				  WAC.
Washington Administrative Code › Title 460 - Financial Institutions, Department of (Securities Division) › Chapter 460-60A - Financial statements and reports - Contents and filing requirements › Section 460-60A-015 - Federal interstate offerings by coordination

Current through Register Vol. 24-14, July 15, 2024
Financial statements meeting the requirements of the United
				States Securities and Exchange Commission and filed with the Washington
				securities division pursuant to the provisions of
				RCW
				 21.20.180 will be deemed to have met the
				financial disclosure requirements of the division: Provided, That if the
				aggregate sales price of the offering exceeds one million dollars, annual
				financial statements shall be audited and certified by an independent certified
				public accountant.
Statutory Authority:
				  RCW
				  21.20.450,
				  21.20.210(14) and
				  21.20.180(8).
				  96-11-022, §
										460-60A-015, filed 5/6/96,
				  effective 6/6/96. Statutory Authority:
				  RCW
				   21.20.210(14)(d) and
				  21.20.450. 80-04-037 (Order
				  SDO-37-80), §
										460-60A-015, filed 3/19/80.
				  Statutory Authority:
				  RCW
				   21.20.210(14). 79-09-028
				  (Order SD-57-79), §
										460-60A-015, filed 8/14/79; Order
				  304, §
										460-60A-015, filed 2/28/75,
				  effective 4/1/75. Formerly chapter 460-60
				  WAC.
Washington Administrative Code › Title 460 - Financial Institutions, Department of (Securities Division) › Chapter 460-60A - Financial statements and reports - Contents and filing requirements › Section 460-60A-020 - Intrastate filings and federal filings not meeting the requirements of coordination

Current through Register Vol. 24-14, July 15, 2024
(1) For
			 offerings of one million dollars or under and filed pursuant to
			 RCW
			  21.20.210 the requirements of WAC
			 460-60A-010 shall
			 apply.
(2) For offerings over one
			 million dollars and filed pursuant to
			 RCW
			  21.20.210 the annual financial statements
			 must be audited. For specific requirements not contained in these rules refer
			 to RCW
			  21.20.210(14).
Statutory Authority:
				  RCW
				  21.20.450,
				  21.20.210(14) and
				  21.20.180(8).
				  96-11-022, §
										460-60A-020, filed 5/6/96,
				  effective 6/6/96. Statutory Authority:
				  RCW
				   21.20.210(14). 79-09-028
				  (Order SD-57-79), §
										460-60A-020, filed 8/14/79; Order
				  304, §
										460-60A-020, filed 2/28/75,
				  effective 4/1/75. Formerly chapter 460-60
				  WAC.
Washington Administrative Code › Title 460 - Financial Institutions, Department of (Securities Division) › Chapter 460-60A - Financial statements and reports - Contents and filing requirements › Section 460-60A-025 - Quarterly reports required of certain issuers

Current through Register Vol. 24-14, July 15, 2024
As a condition to registration pursuant to
				RCW
				 21.20.180 or
				21.20.210, the administrator may
				require an issuer, whose securities are being offered and sold directly by or
				for its own account, to file quarterly reports during the term of the offering
				on a form specified by the administrator. Each filing shall be accompanied by
				the fee required by
				RCW
				 21.20.340(5)(b).
Statutory Authority:
				  RCW
				  21.20.450. 98-20-028, §
										460-60A-025, filed 9/28/98,
				  effective 10/29/98; Order 304, §
										460-60A-025, filed 2/28/75,
				  effective 4/1/75. Formerly chapter 460-60
				  WAC.
Washington Administrative Code › Title 460 - Financial Institutions, Department of (Securities Division) › Chapter 460-60A - Financial statements and reports - Contents and filing requirements › Section 460-60A-035 - Quarterly reports - When to file

Current through Register Vol. 24-14, July 15, 2024
Quarterly reports will be filed on a quarterly basis, said
				quarters to be based upon the issuer's fiscal year. The quarterly reports shall
				be filed with the division within thirty calendar days from the end of each
				quarterly period.
Order SD-131-77, §
										460-60A-035, filed 11/23/77;
				  Order 304, §
										460-60A-035, filed 2/28/75,
				  effective 4/1/75. Formerly chapter 460-60
				  WAC.
Washington Administrative Code › Title 460 - Financial Institutions, Department of (Securities Division) › Chapter 460-64A - Capital requirements - Definitions › Section 460-64A-010 - Definitions

Current through Register Vol. 24-14, July 15, 2024
As set forth in
				RCW
				 21.20.710, the phrase "cash or comparable
				liquid assets" means: Legal tender of the United States of America, U.S.
				Treasury notes or bills, or other negotiable government securities with an
				ascertainable public market or other liquid assets as allowed with the express
				written permission of the securities administrator.
Statutory Authority:
				  RCW
				  21.20.710 and
				  21.20.450. 87-03-052 (Order
				  SDO-05-87), §
										460-64A-010, filed 1/21/87; Order
				  304, §
										460-64A-010, filed 2/28/75,
				  effective 4/1/75.
Washington Administrative Code › Title 460 - Financial Institutions, Department of (Securities Division) › Chapter 460-64A - Capital requirements - Definitions › Section 460-64A-020 - Capital requirements

Current through Register Vol. 24-14, July 15, 2024
The paid-in capital requirements enumerated in
				RCW
				 21.20.710 must be maintained at all
				times.
Statutory Authority:
				  RCW
				  21.20.710 and
				  21.20.450. 87-03-052 (Order
				  SDO-05-87), §
										460-64A-020, filed 1/21/87; Order
				  304, §
										460-64A-020, filed 2/28/75,
				  effective 4/1/75.
Washington Administrative Code › Title 460 - Financial Institutions, Department of (Securities Division) › Chapter 460-80 - Franchise registration › Section 460-80-050 - Document filed with the director when received

Current through Register Vol. 24-14, July 15, 2024
A document is filed with the director when it is received by
				the director or by a person as the director designates by rule or
				order.
Statutory Authority:
				  Chapter
				  19.100 RCW,
				  RCW
				  19.100.250,
				  19.100.010,
				  19.100.030,
				  19.100.040,
				  19.100.050,
				  19.100.070,
				  19.100.080,
				  19.100.100, and
				  19.100.110. 09-22-050, §
										460-80-050, filed 10/29/09,
				  effective 11/29/09.
Washington Administrative Code › Title 460 - Financial Institutions, Department of (Securities Division) › Chapter 460-80 - Franchise registration › Section 460-80-060 - Interpretive opinions and no-action letters

Current through Register Vol. 24-14, July 15, 2024
The director, in his or her discretion, may honor requests from
				interested persons for no-action letters and interpretive opinions pursuant to
				RCW
				 19.100.250. The following procedures must be
				followed in requesting a no-action letter or interpretive opinion from the
				director:
(1) The request must be
			 submitted to the director in writing. The letter should be captioned with the
			 name of the party who will be relying upon the director's response and should
			 indicate that a no-action letter or interpretive opinion is sought.
(2) The requesting letter should cite the
			 particular statutes or rules for which interpretation or no-action is
			 sought.
(3) The names of all
			 involved companies and parties should be disclosed. The director does not issue
			 interpretive or no-action letters relating to unnamed companies or individuals
			 or hypothetical situations, nor on matters of pending, or in preparation for,
			 litigation.
(4) The request should
			 be tailored to resolving the immediate issues and should not attempt to discuss
			 every possible situation that may arise in the future.
(5) The letter should be concise and contain
			 all material facts necessary to resolve the issues at hand. Relevant supporting
			 documents may be included, but are not a substitute for subsection (6) of this
			 section.
(6) It is important that
			 the letter identify the issues at hand, the proposed resolution, and the
			 precedents or other legal authority supporting that position.
The director may decline to respond to letters that are not
				prepared in accordance with the above listed procedures.
Statutory Authority:
				  Chapter
				  19.100 RCW,
				  RCW
				  19.100.250,
				  19.100.010,
				  19.100.030,
				  19.100.040,
				  19.100.050,
				  19.100.070,
				  19.100.080,
				  19.100.100, and
				  19.100.110. 09-22-050, §
										460-80-060, filed 10/29/09,
				  effective 11/29/09.
Washington Administrative Code › Title 460 - Financial Institutions, Department of (Securities Division) › Chapter 460-80 - Franchise registration › Section 460-80-100 - Notice of claim for exemption

Current through Register Vol. 24-14, July 15, 2024
Any franchisor or subfranchisor who claims an exemption under
				RCW
				 19.100.030(4)(a) and (b)(i)
				 shall file with the director a completed Annual Notice of Claim of Exemption
				form along with the fee prescribed in
				RCW  19.100.240 made payable to the treasurer of the state of Washington. The annual notice of
				claim of exemption shall be filed through the online franchise filing system
				administered by the director.
Statutory Authority:
				  Chapter
				  19.100 RCW,
				  RCW
				   19.100.250,
				  19.100.010,
				  19.100.030,
				  19.100.040,
				  19.100.050,
				  19.100.070,
				  19.100.080,
				  19.100.100, and
				  19.100.110. 09-22-050, §
										460-80-100, filed 10/29/09,
				  effective 11/29/09; Order 11, §
										460-80-100, filed
				  3/3/72.
Washington Administrative Code › Title 460 - Financial Institutions, Department of (Securities Division) › Chapter 460-80 - Franchise registration › Section 460-80-110 - Franchise registration application

Current through Register Vol. 24-14, July 15, 2024
All applications for registration, renewal or amendment of a
				franchise shall be in the form as provided by the director and contain the
				information specified therein. The application for registration, renewal or
				amendment must be accompanied by the fee prescribed in
				RCW  19.100.240 made payable to the treasurer of the state of Washington. All applications for
				registration, renewal, or amendment of a franchise shall be filed through the
				online franchise filing system administered by the director.
Statutory Authority:
				  Chapter
				  19.100 RCW,
				  RCW
				   19.100.250,
				  19.100.010,
				  19.100.030,
				  19.100.040,
				  19.100.050,
				  19.100.070,
				  19.100.080,
				  19.100.100, and
				  19.100.110. 09-22-050, §
										460-80-110, filed 10/29/09,
				  effective 11/29/09. Statutory Authority:
				  RCW
				   19.100.040(12),
				  19.100.070(2) and
				  19.100.250. 80-04-036 (Order
				  SDO-38-80), §
										460-80-110, filed 3/19/80; Order
				  11, §
										460-80-110, filed
				  3/3/72.
Washington Administrative Code › Title 460 - Financial Institutions, Department of (Securities Division) › Chapter 460-80 - Franchise registration › Section 460-80-125 - Franchise registration application instructions

Current through Register Vol. 24-14, July 15, 2024
The following must be adhered to with respect to all
				applications for registration, registration renewal or registration
				amendment:
(1) Completion of
			 application. An application for registration of the offer or sale of franchises
			 shall include the following, all of which shall be verified by means of the
			 prescribed signature page:
(a)
			 Application;
(b) Supplemental
			 information page(s);
(c) Seller
			 disclosure form;
(d) A copy of the
			 Franchise Disclosure Document.
Washington Administrative Code › Title 460 - Financial Institutions, Department of (Securities Division) › Chapter 460-80 - Franchise registration › Section 460-80-135 - Franchise registration amendment and renewal instructions

Current through Register Vol. 24-14, July 15, 2024
An application to renew or amend a franchise registration must
				comply with the following requirements:
(1) An application for renewal of a franchise
			 registration must be filed with the director no later than fifteen business
			 days prior to the expiration of registration in order to avoid a lapse in
			 registration and the need to file an initial application for registration. If
			 the registration has already expired, the applicant must mark the application
			 as an initial registration and pay the fee required for filing an initial
			 application for registration in
			 RCW
			  19.100.240.
(2) An amendment to a franchise application
			 is required to be filed as soon as reasonably possible and in any case, before
			 the further sale of any franchise, if a material adverse change in the
			 condition of the franchisor or any of its subfranchisors or any material change
			 in the information contained in its Franchise Disclosure Document should
			 occur.
(3) The following documents
			 must be filed for each amendment or application for renewal of a franchise
			 registration:
(a) A completed application
			 marked amendment or renewal, as applicable. If the application is for renewal,
			 do not mark the amendment boxes on the application even if the documents have
			 been revised since the last filing.
(b) All documents set forth in WAC
			 460-80-125
			 required for an initial application with all additions, deletions and other
			 changes to the previously filed documents black-lined. Changes must be clearly
			 marked so that each change is noticed easily. Do NOT use margin balloons or
			 color highlights to show changes. Do not use less than 11 point type for
			 changed text. Use a black-lining system that underlines changes and shows
			 deletions by a strike through.
(c)
			 A clean copy of the updated Franchise Disclosure Document.
Washington Administrative Code › Title 460 - Financial Institutions, Department of (Securities Division) › Chapter 460-80 - Franchise registration › Section 460-80-140 - Financial statements

Current through Register Vol. 24-14, July 15, 2024
The Franchise Disclosure Document must include financial
				statements that comply with the instructions for Item 21 of the Franchise
				Disclosure Document,  16 C.F.R. Sec. 436.5.
Statutory Authority:
				  Chapter
				  19.100 RCW,
				  RCW
				   19.100.250,
				  19.100.010,
				  19.100.030,
				  19.100.040,
				  19.100.050,
				  19.100.070,
				  19.100.080,
				  19.100.100, and
				  19.100.110. 09-22-050, §
										460-80-140, filed 10/29/09,
				  effective 11/29/09. Statutory Authority:
				  RCW
				   19.100.040(7) and
				  19.100.250. 80-04-036 (Order
				  SDO-38-80), §
										460-80-140, filed 3/19/80; Order
				  11, §
										460-80-140, filed
				  3/3/72.
Washington Administrative Code › Title 460 - Financial Institutions, Department of (Securities Division) › Chapter 460-80 - Franchise registration › Section 460-80-190 - Time of registration effectiveness

Current through Register Vol. 24-14, July 15, 2024
A registration statement for the selling of a franchise under
				RCW
				 19.100.060 becomes effective if no stop order
				is in effect and no proceeding pending under
				RCW
				 19.100.120 at 3:00 p.m., P.S.T. on the
				afternoon of the 15th business day after the filing of the registration or the
				last amendment or at such earlier time as the director
				determines.
Order 11, §
										460-80-190, filed
				  3/3/72.