reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 458 - Revenue, Department of › Chapter 458-276 - Access to public records › Section 458-276-020 - Agency description-Public records officer-Public records

Current through Register Vol. 24-14, July 15, 2024
(1)
Department of
			 revenue.
The department of revenue (department) is an agency headed by a
			 director (director) appointed by the governor subject to confirmation by the
			 state senate. The powers and duties of the director are those prescribed by RCW
			 82.01.-060. The department administers state tax and business licensing laws,
			 acts as advisor on revenue matters to the governor, the legislature, and other
			 state and local agencies, and supervises and assists in the administration of
			 property tax laws at the state and local level. Where appropriate, the term
			 department also refers to the staff and employees of the department of
			 revenue.
(2)
Public records
			 officer.
The department's public records officer oversees compliance
			 with the Public Records Act but other department employees, referred to as
			 public records designees, will generally process the specific requests. These
			 rules, therefore, will refer to the public records officer or designee. The
			 public records officer or designee of the department will:
* Assist requestors in obtaining the requested records;
* Create and maintain for use by the public and department
				employees an index to the department's public records;
* Protect public records from damage or disorganization;
* Fulfill public records requests without excessive
				interference with essential functions of the department;
* Give due regard to statutory exemptions or other judicially
				recognized limitations from disclosure; and
* Prevent unreasonable invasions of privacy or the use of
				records for purposes of commercial lists when releasing records to the
				public.
(3)
Public
			 records.
A public record is any writing prepared, owned, used, or
			 retained by any state or local agency regardless of physical form or
			 characteristics containing information relating to the conduct of government or
			 the performance of any governmental or proprietary function.
(4)
Writing.
Writing is every
			 means of recording any form of communication or representation whether by
			 handwriting, typewriting, printing, photostating/copying, photographing, or
			 other means of recording. A "writing" includes, but is not limited to, letters,
			 e-mail messages, words, pictures, sounds, or symbols, or combination thereof,
			 and all papers, maps, magnetic or paper tapes, photographic films and prints,
			 magnetic or punched cards, discs, drums, diskettes, sound recordings, and other
			 documents including existing data compilations from which information may be
			 obtained or translated.
Statutory Authority: RCW 42.17.250. 78-02-064 (Order GT
				  78-1), § 458-276-020, filed
				  1/23/78.
Washington Administrative Code › Title 458 - Revenue, Department of › Chapter 458-276 - Access to public records › Section 458-276-030 - Availability of public records- Centralized administration-Public records requests and processing-Contact information and hours-Index Costs

Current through Register Vol. 24-14, July 15, 2024
(1)
Availability.
All public records of the department of revenue
			 (department) are deemed to be available for public inspection and copying
			 pursuant to these rules in this chapter, except as otherwise provided by WAC
			 458-276-045 regarding exemptions and other limitations on disclosure of
			 records.
(2)
Centralized
			 administration.
All communications with the department regarding
			 administration or enforcement of chapter 42.56 RCW and these rules in this
			 chapter, and written requests for copies of the department's public records,
			 decisions, and other matters, are handled by the information governance
			 office.
(3)
Written and dated
			 requests.
Requestors are encouraged to view the documents available on
			 the web site prior to submitting a records request. The department recommends a
			 written and dated request for public records to protect against unauthorized
			 disclosure of confidential taxpayer information, unauthorized disclosure of
			 licensing information, unauthorized disclosure of confidential property tax
			 information, invasion of privacy, and to enhance the accuracy of the
			 department's response to the request. A written request minimizes confusion or
			 misunderstanding as to what is being requested and establishes a contact for
			 clarifications and questions.
(4)
Request for records.
The written request is most effective if it
			 contains the following information:
(a) Name
			 of the person requesting the records or a point of contact;
(b) Calendar date on which the request is
			 made;
(c) Specific records
			 requested, if not identified in the public records index located online at
			 dor.wa.gov, then an appropriate description of the records requested;
			 and
(d) Contact information for
			 questions about the request including, if possible, mailing address, email
			 address, and telephone number.
Washington Administrative Code › Title 458 - Revenue, Department of › Chapter 458-276 - Access to public records › Section 458-276-040 - Operations and procedures [Repealed]

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: RCW 42.17.250. 78-02-064 (Order GT
				  78-1), § 458-276-040, filed
				  1/23/78.
Washington Administrative Code › Title 458 - Revenue, Department of › Chapter 458-276 - Access to public records › Section 458-276-050 - Public records available [Repealed]

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: RCW 42.17.250. 78-02-064 (Order GT
				  78-1), § 458-276-050, filed
				  1/23/78.
Washington Administrative Code › Title 458 - Revenue, Department of › Chapter 458-276 - Access to public records › Section 458-276-055 - Review of denials of public records requests - Department's process - Attorney general and court review

Current through Register Vol. 24-14, July 15, 2024
(1)
Requestor's petition.
Any person who objects to the full or
			 partial denial of a public records request may petition the department of
			 revenue (department) in writing (including by email message) to the public
			 records officer or designee for prompt review of such decision. The petition
			 shall include a copy of the full or partial denial received by the
			 requestor.
(2)
Prompt
			 review.
After receiving a written request for review of a decision
			 denying a public record, the public records officer or designee denying the
			 request will refer it to the public records officer's supervisor for review.
			 The petition will be reviewed promptly within two business days following the
			 department's receipt of the petition or within such other time as the
			 department and the requestor may mutually agree. Such approval or disapproval
			 shall constitute final department action for purposes of review under
			 RCW
			 42.56.530.
(3)
Attorney general office's
			 review.
Pursuant to
			 RCW
			 42.56.530, if the department denies a
			 requestor access to public records because it claims the record is exempt in
			 whole or in part from disclosure, the requestor may request that the attorney
			 general's office review the matter. The attorney general has adopted rules on
			 such requests in WAC
			 44-06-160.
(4)
Court review.
Any person may
			 obtain court review of denials of public records requests pursuant to
			 RCW
			 42.56.550 at the conclusion of two business
			 days after the initial denial regardless of any internal administrative review
			 under this rule.
Statutory Authority:
				  RCW
				  82.01.060(2) and chapter
				  42.56 RCW. WSR 15-01-105, amended and recodified as § 458-276-055, filed
				  12/18/14, effective 1/18/15. Statutory Authority: RCW 42.17.250. WSR 78-02-064
				  (Order GT 78-1), §
										458-276-070,
				  filed 1/23/78.
Washington Administrative Code › Title 458 - Revenue, Department of › Chapter 458-276 - Access to public records › Section 458-276-070 - Review of denials of public records requests-Department's process-Attorney general and court review

Current through Register Vol. 24-14, July 15, 2024
(1)
Requestor's petition
. Any person who objects to the full or
			 partial denial of a public records request may petition the department of
			 revenue (department) in writing (including by e-mail message) to the public
			 records officer or designee for prompt review of such decision. The petition
			 shall include a copy of the full or partial denial received by the
			 requestor.
(2)
Prompt
			 review.
After receiving a written request for review of a decision
			 denying a public record, the public records officer or designee denying the
			 request will refer it to the public records officer's supervisor for review.
			 The petition will be reviewed promptly within two business days following the
			 department's receipt of the petition or within such other time as the
			 department and the requestor may mutually agree. Such approval or disapproval
			 shall constitute final department action for purposes of review under
			 RCW
			 42.56.530.
(3)
Attorney general office's
			 review.
Pursuant to
			 RCW
			 42.56.530, if the department denies a
			 requestor access to public records because it claims the record is exempt in
			 whole or in part from disclosure, the requestor may request that the attorney
			 general's office review the matter. The attorney general has adopted rules on
			 such requests in WAC
			 44-06-160.
(4)
Court review.
Any person may
			 obtain court review of denials of public records requests pursuant to
			 RCW
			 42.56.550 at the conclusion of two business
			 days after the initial denial regardless of any internal administrative review
			 under this rule.
Statutory Authority: RCW 42.17.250. 78-02-064 (Order GT
				  78-1), § 458-276-070, filed
				  1/23/78.
Washington Administrative Code › Title 458 - Revenue, Department of › Chapter 458-276 - Access to public records › Section 458-276-080 - Requests for public records [Repealed]

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: RCW 42.17.250. 78-02-064 (Order GT
				  78-1), § 458-276-080, filed
				  1/23/78.
Washington Administrative Code › Title 458 - Revenue, Department of › Chapter 458-276 - Access to public records › Section 458-276-090 - Copying [Repealed]

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: RCW 42.17.250. 78-02-064 (Order GT
				  78-1), § 458-276-090, filed
				  1/23/78.
Washington Administrative Code › Title 458 - Revenue, Department of › Chapter 458-276 - Access to public records › Section 458-276-100 - Exemptions [Repealed]

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: RCW 42.17.250. 78-02-064 (Order GT
				  78-1), § 458-276-100, filed
				  1/23/78.
Washington Administrative Code › Title 458 - Revenue, Department of › Chapter 458-276 - Access to public records › Section 458-276-110 - Review of denials of public records requests [Repealed]

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: RCW 42.17.250. 78-02-064 (Order GT
				  78-1), § 458-276-110, filed
				  1/23/78.
Washington Administrative Code › Title 458 - Revenue, Department of › Chapter 458-276 - Access to public records › Section 458-276-120 - Limitations on disclosure [Repealed]

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: RCW 42.17.250. 78-02-064 (Order GT
				  78-1), § 458-276-120, filed
				  1/23/78.
Washington Administrative Code › Title 458 - Revenue, Department of › Chapter 458-276 - Access to public records › Section 458-276-130 - Records index [Repealed]

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: RCW 42.17.250. 78-02-064 (Order GT
				  78-1), § 458-276-130, filed
				  1/23/78.
Washington Administrative Code › Title 458 - Revenue, Department of › Chapter 458-276 - Access to public records › Section 458-276-140 - Administrative offices [Repealed]

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: RCW 42.17.250. 78-02-064 (Order GT
				  78-1), § 458-276-140, filed
				  1/23/78.
Washington Administrative Code › Title 458 - Revenue, Department of › Chapter 458-276 - Access to public records › Section 458-276-150 - Adoption of form [Repealed]

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: RCW 42.17.250. 78-02-064 (Order GT
				  78-1), § 458-276-150, filed
				  1/23/78.
Washington Administrative Code › Title 460 - Financial Institutions, Department of (Securities Division) › Chapter 460-05A - Fees › Section 460-05A-010 - Licensing fees

Current through Register Vol. 24-14, July 15, 2024
(1) In accordance
			 with
			 RCW
			  21.20.340(15), the fees
			 specified in
			 RCW  21.20.340(6) and
			 (7)  are adjusted upward by ten dollars
			 effective January 1, 2019, in order to defray the costs of administering the
			 Securities Act of Washington, chapter 21.20 RCW. Accordingly, the following
			 fees shall apply:
(a) For registration of a
			 broker-dealer or investment adviser, the fee shall be one hundred sixty dollars
			 for original registration and eighty-five dollars for each annual renewal. When
			 an application is denied or withdrawn the director shall retain one half of the
			 fee.
(b) For a federal covered
			 adviser filing pursuant to
			 RCW
			  21.20.050, the fee shall be one hundred sixty
			 dollars for original notification and eighty-five dollars for each annual
			 renewal. A fee shall not be assessed in connection with converting an
			 investment adviser registration to a notice filing when the investment adviser
			 becomes a federal covered adviser.
(c) For registration of a salesperson or
			 investment adviser representative, the fee shall be fifty dollars for each
			 original registration with each employer and thirty dollars for each annual
			 renewal. When an application is denied or withdrawn the director shall retain
			 one half of the fee.
Washington Administrative Code › Title 460 - Financial Institutions, Department of (Securities Division) › Chapter 460-10A - Definitions › Section 460-10A-001 - Effect of adoption of rules

Current through Register Vol. 24-14, July 15, 2024
Those registration statements received prior to the effective
				date of these rules and regulations, concerning the form and content of that
				statement, will be governed by the rules and regulations in existence at the
				time of the filing of the registration statement with the securities
				division.
Order 304, §
										460-10A-001, filed 2/28/75,
				  effective 4/1/75. Formerly chapter 460-10
				  WAC.
Washington Administrative Code › Title 460 - Financial Institutions, Department of (Securities Division) › Chapter 460-10A - Definitions › Section 460-10A-00101 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The terms used in these rules shall have the meanings set forth
				in the statutes pursuant to which these rules are adopted, if defined therein,
				or the meanings expressed in the definitions contained in these rules.
Note:
Additional definitions may be found in the North
							 American Securities Administrators Association (NASAA) statement of policy
							 regarding corporate securities definitions, which has been adopted pursuant to
							 WAC 460-16A-205(1)(m).
Statutory Authority:
				  RCW
				  21.20.450. 98-17-013, §
										460-10A-00101, filed 8/10/98,
				  effective 9/10/98; Order 304, § 460-10A-000 (codified as WAC
				  460-10A-00101), filed 2/28/75,
				  effective 4/1/75. Formerly chapter 460-10
				  WAC.
Washington Administrative Code › Title 460 - Financial Institutions, Department of (Securities Division) › Chapter 460-10A - Definitions › Section 460-10A-010 - Administrator

Current through Register Vol. 24-14, July 15, 2024
Means the administrator of the Washington Securities Act
				appointed pursuant to
				RCW
				 21.20.460.
Order 304, §
										460-10A-010, filed 2/28/75,
				  effective 4/1/75. Formerly chapter 460-10
				  WAC.
Washington Administrative Code › Title 460 - Financial Institutions, Department of (Securities Division) › Chapter 460-10A - Definitions › Section 460-10A-015 - Division

Current through Register Vol. 24-14, July 15, 2024
Means the securities division of the department of financial
				institutions.
Statutory Authority:
				  RCW
				  21.20.070 and
				  21.20.450. 95-16-026, §
										460-10A-015, filed 7/21/95,
				  effective 8/21/95. Statutory Authority:
				  RCW
				   21.20.450. 80-04-037 (Order SDO-37-80),
				  §
										460-10A-015, filed 3/19/80; Order
				  304, §
										460-10A-015, filed 2/28/75,
				  effective 4/1/75.
Washington Administrative Code › Title 460 - Financial Institutions, Department of (Securities Division) › Chapter 460-10A - Definitions › Section 460-10A-020 - Charter documents

Current through Register Vol. 24-14, July 15, 2024
Means certificate of incorporation, articles of incorporation,
				agreement of consolidation or merger, and bylaws of a corporation; declaration
				of trust; agreement of partnership, certificate of limited partnership, or any
				other document or instrument adopted to establish or regulate any association,
				joint stock company, trust, or other entity; as such documents are currently in
				effect.
Order 304, §
										460-10A-020, filed 2/28/75,
				  effective 4/1/75.
Washington Administrative Code › Title 460 - Financial Institutions, Department of (Securities Division) › Chapter 460-10A - Definitions › Section 460-10A-025 - Code

Current through Register Vol. 24-14, July 15, 2024
Means the Washington Securities Act.
				Chapter
				21.20 RCW et
				seq.
Order 304, §
										460-10A-025, filed 2/28/75,
				  effective 4/1/75.
Washington Administrative Code › Title 460 - Financial Institutions, Department of (Securities Division) › Chapter 460-10A - Definitions › Section 460-10A-030 - Default or arrears

Current through Register Vol. 24-14, July 15, 2024
Means default or arrears in payment of dividends, interest,
				sinking fund payment, or principal, on the date due.
Order 304, §
										460-10A-030, filed 2/28/75,
				  effective 4/1/75.
Washington Administrative Code › Title 460 - Financial Institutions, Department of (Securities Division) › Chapter 460-10A - Definitions › Section 460-10A-070 - Assessments

Current through Register Vol. 24-14, July 15, 2024
Additional amounts of capital which may be mandatorily required
				of or paid at the option of a participant beyond his subscription
				commitment.
Order 304, §
										460-10A-070, filed 2/28/75,
				  effective 4/1/75.
Washington Administrative Code › Title 460 - Financial Institutions, Department of (Securities Division) › Chapter 460-10A - Definitions › Section 460-10A-110 - Net worth

Current through Register Vol. 24-14, July 15, 2024
The excess of total assets over total liabilities as determined
				by generally accepted accounting principles.
Statutory Authority:
				  RCW
				  21.20.450. 96-11-026, §
										460-10A-110, filed 5/6/96,
				  effective 6/6/96; Order 304, §
										460-10A-110, filed 2/28/75,
				  effective 4/1/75.
Washington Administrative Code › Title 460 - Financial Institutions, Department of (Securities Division) › Chapter 460-10A - Definitions › Section 460-10A-160 - Nationally recognized securities manual

Current through Register Vol. 24-14, July 15, 2024
For the purpose of WAC
				460-44A-100, "Nationally
				recognized securities manual or its electronic equivalent" shall mean:
Fitch Investors Service, Mergent's Investor Service
, and
OTC Markets Group Inc. (with respect to securities included in the
				OTCQX and OTCQB markets)
.
Statutory Authority:
				  RCW
				   21.20.450. 98-17-013, §
										460-10A-160, filed 8/10/98,
				  effective 9/10/98. Statutory Authority:
				  RCW
				   21.20.450 and
				  21.20.320(2).
				  89-21-032 (Order SDO-161-89), §
										460-10A-160, filed 10/11/89,
				  effective 11/11/89; 86-15-023 (Order SDO-89-86), §
										460-10A-160, filed 7/14/86; Order
				  342, §
										460-10A-160, filed
				  9/29/75.
Washington Administrative Code › Title 460 - Financial Institutions, Department of (Securities Division) › Chapter 460-10A - Definitions › Section 460-10A-170 - Officer

Current through Register Vol. 24-14, July 15, 2024
The term "officer" means a president, vice-president in charge
				of a business unit or division, treasurer, secretary, chief executive officer,
				chief operating officer, chief financial officer, person who performs a
				principal policy making function for a principal business unit or division, or
				any person occupying a similar status and performing a similar function with
				respect to any organization, whether incorporated or
				unincorporated.
Statutory Authority:
				  RCW
				  21.20.450. 96-11-026, §
										460-10A-170, filed 5/6/96,
				  effective 6/6/96; Order SD-131-77, §
										460-10A-170, filed
				  11/23/77.
Washington Administrative Code › Title 460 - Financial Institutions, Department of (Securities Division) › Chapter 460-10A - Definitions › Section 460-10A-175 - Director

Current through Register Vol. 24-14, July 15, 2024
The term "director" means any director of a corporation or any
				person occupying a similar status and performing a similar function with
				respect to any organization, whether incorporated or
				unincorporated.
Order SD-131-77, §
										460-10A-175, filed
				  11/23/77.
Washington Administrative Code › Title 460 - Financial Institutions, Department of (Securities Division) › Chapter 460-10A - Definitions › Section 460-10A-215 - Security - Viatical and life settlement agreements

Current through Register Vol. 24-14, July 15, 2024
(1) A viatical or life settlement agreement
			 constitutes a security if the agreement falls within the definition of
			 "security" under
			 RCW
			  21.20.005 as an investment contract; an
			 investment of money or other consideration in the risk capital of a venture
			 with the expectation of some valuable benefit to the investor where the
			 investor does not receive the right to exercise practical and actual control
			 over the managerial decisions of the venture; or otherwise.
(2) For purpose of this section, a "viatical
			 or life settlement agreement" means an agreement for consideration for the
			 purchase, assignment, transfer, sale, devise or bequest of any portion of the
			 death benefit under, or ownership of, either an insurance policy or certificate
			 of insurance. A viatical or life settlement agreement does not include:
(a) Any agreement for the original issuance
			 of an insurance policy or certificate of insurance;
(b) An assignment, transfer, sale, devise or
			 bequest of a death benefit under, or ownership of, either an insurance policy
			 or certificate of insurance by the original owner, or a person who has an
			 insurable interest in the insured, to any of the following:
(i) The insured;
(ii) A person who has an insurable interest
			 in the insured;
(iii) A dealer;
			 or
(iv) A person who is engaged in
			 the business of purchasing the death benefit under, or ownership of, either
			 insurance policies or certificates of insurance;
(c) An assignment of an insurance policy or
			 certificate of insurance to any bank, savings bank, savings and loan
			 association, credit union, or other licensed lending institution as collateral
			 for a loan; or
(d) The exercise of
			 accelerated benefits pursuant to the life insurance policy.
Washington Administrative Code › Title 460 - Financial Institutions, Department of (Securities Division) › Chapter 460-11A - Multijurisdictional disclosure system › Section 460-11A-010 - Multijurisdictional disclosure system

Current through Register Vol. 24-14, July 15, 2024
The rules set forth in this chapter accommodate offerings in
				compliance with the multijurisdictional disclosure system as set forth in
				United States Securities and Exchange Commission Release No. 33-6902 (1991).
				For the purposes of this chapter, a "multijurisdictional offering" means a
				class of offering for which a registration statement designated as Form F-7,
				F-8, F-80, F-9, or F-10 by the Securities and Exchange Commission has been
				filed with the administrator.
Statutory Authority:
				  RCW
				  21.20.450 and
				  21.20.240. 91-18-014, §
										460-11A-010, filed 8/26/91,
				  effective 9/26/91.
Washington Administrative Code › Title 460 - Financial Institutions, Department of (Securities Division) › Chapter 460-11A - Multijurisdictional disclosure system › Section 460-11A-020 - Time for taking effect of multijurisdictional registration statement

Current through Register Vol. 24-14, July 15, 2024
The period of time under
				RCW
				 21.20.190(2) a registration
				statement must be on file before it becomes automatically effective shall be
				reduced from ten full business days to three days for a multijurisdictional
				offering.
Statutory Authority:
				  RCW
				  21.20.450, [21.20].240. 07-02-071, §
										460-11A-020, filed 12/29/06,
				  effective 1/29/07; 91-18-014, §
										460-11A-020, filed 8/26/91,
				  effective 9/26/91.
Washington Administrative Code › Title 460 - Financial Institutions, Department of (Securities Division) › Chapter 460-11A - Multijurisdictional disclosure system › Section 460-11A-030 - Multijurisdictional offering financial statements

Current through Register Vol. 24-14, July 15, 2024
A multijurisdictional offering registration statement may
				include, to the extent allowed by the Securities and Exchange Commission,
				financial statements and financial information that have been prepared in
				accordance with Canadian generally accepted accounting principles consistently
				applied.
Statutory Authority:
				  RCW
				  21.20.450 and
				  21.20.240. 91-18-014, §
										460-11A-030, filed 8/26/91,
				  effective 9/26/91.
Washington Administrative Code › Title 460 - Financial Institutions, Department of (Securities Division) › Chapter 460-11A - Multijurisdictional disclosure system › Section 460-11A-040 - Multijurisdictional offering notice of claim of exemption under RCW 21.20.320(11)

Current through Register Vol. 24-14, July 15, 2024
An issuer or underwriter conducting a multijurisdictional
				offering to existing security holders of the issuer pursuant to the exemption
				of RCW
				 21.20.320(11)(b) may give
				notice to the director by filing the registration statement Form F-7 with a
				cover letter claiming that exemption.
Statutory Authority:
				  RCW
				  21.20.450 and
				  21.20.240. 91-18-014, §
										460-11A-040, filed 8/26/91,
				  effective 9/26/91.
Washington Administrative Code › Title 460 - Financial Institutions, Department of (Securities Division) › Chapter 460-11A - Multijurisdictional disclosure system › Section 460-11A-050 - Exemption for secondary trading of certain multijurisdictional registered securities

Current through Register Vol. 24-14, July 15, 2024
After a multijurisdictional offering has been declared
				effective by the SEC, a nonissuer transaction in any class of the issuer's
				securities is exempt from registration, whether or not the transaction is
				effected through a broker-dealer.
Statutory Authority:
				  RCW
				  21.20.450, [21.20].240. 07-02-071, §
										460-11A-050, filed 12/29/06,
				  effective 1/29/07.
Washington Administrative Code › Title 460 - Financial Institutions, Department of (Securities Division) › Chapter 460-12A - Fraudulent and other prohibited practices › Section 460-12A-010 - Certain insider trading deemed not to violate RCW 21.20.010

Current through Register Vol. 24-14, July 15, 2024
The purchase or sale of a security of any issuer on the basis
				of material nonpublic information about that security or issuer in breach of a
				duty of trust or confidence that is owed directly, indirectly, or derivatively,
				to the issuer of that security or the shareholders of that issuer, or to any
				other person who is the source of the material nonpublic information, will be
				deemed not to violate
				RCW
				 21.20.010 if the person making the purchase
				or sale complies with Rule 10b5-1(c) of the Securities Exchange Act of
				1934.
Statutory Authority:
				  RCW
				  21.20.450. 02-10-103, §
										460-12A-010, filed 4/30/02,
				  effective 5/31/02.
Washington Administrative Code › Title 460 - Financial Institutions, Department of (Securities Division) › Chapter 460-16A - General rules › Section 460-16A-005 - Application

Current through Register Vol. 24-14, July 15, 2024
(1) The rules
			 contained in these regulations apply to general registrations. While
			 applications not conforming to the standards contained herein shall be looked
			 upon with disfavor, where good cause is shown certain regulations may be
			 modified or waived by the administrator.
(2) Where the individual characteristics of
			 specific offerings warrant modification from these standards, they will be
			 accommodated, insofar as possible, while still being consistent with the spirit
			 of these rules.
Order 304, §
										460-16A-005, filed 2/28/75,
				  effective 4/1/75. Formerly chapter 460-16
				  WAC.
Washington Administrative Code › Title 460 - Financial Institutions, Department of (Securities Division) › Chapter 460-16A - General rules › Section 460-16A-010 - Appearance and practice before the securities division

Current through Register Vol. 24-14, July 15, 2024
In any proceeding before the division, any person may be
				represented by an attorney at law admitted to practice before the highest court
				of any state or territory of the United States, or the Court of Appeals or the
				District Court of the United States, or for the District of Columbia. Any
				individual may, however, appear before the division in his own behalf, an
				authorized member of a partnership may represent the partnership, and an
				authorized officer of a corporation, trust or association may represent such
				corporation, trust or association, however no such officer may participate in
				an adjudicative proceeding as defined in
				RCW
				 34.05.010 unless such officer is also an
				attorney at law.
Statutory Authority:
				  RCW
				  21.20.450. 96-11-023, §
										460-16A-010, filed 5/6/96,
				  effective 6/6/96; Order 304, §
										460-16A-010, filed 2/28/75,
				  effective 4/1/75. Formerly chapter 460-16
				  WAC.
Washington Administrative Code › Title 460 - Financial Institutions, Department of (Securities Division) › Chapter 460-16A - General rules › Section 460-16A-015 - Electronic or telephonic submissions

Current through Register Vol. 24-14, July 15, 2024
(1) Issuers filing by coordination may file
			 electronically with the division. The Securities Registration Depository, Inc.,
			 its successors or assigns, is designated to receive electronic filings on
			 behalf of the division.
(2) For
			 issuers not filing electronically, messages directed to the division by means
			 of facsimile, other telephone transceiving equipment or electronic transmission
			 will be accepted by the administrator as complying with the requirement of
			 notification under
			 RCW
			  21.20.190 of the Securities Act concerning
			 the date and time a federal registration statement has become effective and
			 with respect to the content of the price amendment, if any. Such notification
			 must be followed up by filing of a post-effective amendment to the application
			 containing the information and documents in the price amendment and telephonic
			 or electronic transmissions may not be utilized for that filing.
Statutory Authority:
				  RCW
				  21.20.450,
				  21.20.190 and
				  21.20.510. 96-11-019, §
										460-16A-015, filed 5/6/96,
				  effective 6/6/96; Order 304, §
										460-16A-015, filed 2/28/75,
				  effective 4/1/75. Formerly chapter 460-16
				  WAC.
Washington Administrative Code › Title 460 - Financial Institutions, Department of (Securities Division) › Chapter 460-16A - General rules › Section 460-16A-020 - Interpretive opinions and no-action letters

Current through Register Vol. 24-14, July 15, 2024
The administrator, in his or her discretion, may honor requests
				from interested persons for no-action letters and interpretive opinions. The
				following procedures must be followed in requesting a no-action or interpretive
				opinion from the division:
(1) The
			 request must be submitted to the administrator in writing. The letter should be
			 captioned with the name of the party who will be relying upon the
			 administrator's response and should indicate that a no-action or interpretive
			 opinion is sought. The filing fee required by
			 RCW
			  21.20.340 must accompany the
			 request.
(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 division cannot
			 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.
(7) The administrator
			 will not issue no-action or interpretive opinions regarding the availability of
			 exemptions pursuant to
			 RCW
			  21.20.320(1).
Letters that are not prepared in accordance with the
				above-listed procedures may be returned to the sender for
				compliance.
Statutory Authority:
				  RCW
				  21.20.450. 98-17-013, §
										460-16A-020, filed 8/10/98,
				  effective 9/10/98; Order 304, §
										460-16A-020, filed 2/28/75,
				  effective 4/1/75. Formerly chapter 460-16
				  WAC.
Washington Administrative Code › Title 460 - Financial Institutions, Department of (Securities Division) › Chapter 460-16A - General rules › Section 460-16A-025 - Applications and reports

Current through Register Vol. 24-14, July 15, 2024
Each application or report filed with the administrator must be
				in the form, if any, prescribed by these rules, unless the administrator
				consents to the use of a different form. Only the original of any application
				or report need by submitted, unless otherwise provided in these rules or
				otherwise requested by the administrator.
Order 304, §
										460-16A-025, filed 2/28/75,
				  effective 4/1/75. Formerly chapter 460-16
				  WAC.
Washington Administrative Code › Title 460 - Financial Institutions, Department of (Securities Division) › Chapter 460-16A - General rules › Section 460-16A-030 - Payment of fees and refunds

Current through Register Vol. 24-14, July 15, 2024
Fees required by
				RCW
				 21.20.340 are due and payable upon filing of
				the application regardless of the action taken thereon and should be submitted
				together with the application or other filing to which they refer. Checks
				should be made payable to the "state treasurer" and need not be certified.
				Refunds of fees paid the division are made in accordance with
				RCW
				 21.20.340. Request for refunds must be
				submitted no later than 12 months after the refund becomes due. A request for
				any refund due should specify the following:
(1) The name of the applicant;
(2) The provision of
			 chapter
			 21.20 RCW which the
			 application was filed and the date of filing the application;
(3) The total amount paid and how paid
			 (check, cash);
(4) The amount of
			 the refund claimed as due and the grounds upon which the claim is
			 made.
Order 304, §
										460-16A-030, filed 2/28/75,
				  effective 4/1/75. Formerly chapter 460-16
				  WAC.
Washington Administrative Code › Title 460 - Financial Institutions, Department of (Securities Division) › Chapter 460-16A - General rules › Section 460-16A-033 - Renewal of registration of securities by coordination

Current through Register Vol. 24-14, July 15, 2024
(1) An issuer may renew the registration of
			 an offering of securities registered by coordination under
			 RCW
			  21.20.180 for each additional twelve-month
			 period in which the offering is continuing. To renew an offering, the issuer
			 must file the following with the securities division no later than thirty days
			 prior to the expiration date of the current registration permit:
(a) A completed application on Form U-1
			 marked "renewal";
(b) A renewal fee
			 of one hundred dollars, as specified in
			 RCW
			  21.20.340(3);
(c) A copy of the prospectus or offering
			 document that has been amended in accordance with WAC
			 460-16A-126 to reflect all
			 material changes that affect the offering. The prospectus or offering document
			 must be dated within the past twelve months;
(d) The financial statements required by
			 RCW
			  21.20.180(8), dated as of
			 the end of the issuer's most recent fiscal year; and
(e) A sales report, dated as of the most
			 recent practicable date, containing the dollar amount of each class of
			 securities sold in the state during the current registration period.
Washington Administrative Code › Title 460 - Financial Institutions, Department of (Securities Division) › Chapter 460-16A - General rules › Section 460-16A-036 - Renewal of registration of securities by qualification

Current through Register Vol. 24-14, July 15, 2024
(1) An issuer may renew the registration of
			 an offering of securities registered by qualification under
			 RCW
			  21.20.210 for one additional twelve-month
			 period. To renew an offering, the issuer must file the following with the
			 securities division no later than thirty days prior to the expiration date of
			 the current registration permit:
(a) A
			 completed application for registration by qualification marked
			 "renewal";
(b) A renewal fee of
			 fifty dollars, as specified in
			 RCW
			  21.20.340(1);
(c) A copy of the prospectus or offering
			 document that has been amended in accordance with WAC
			 460-16A-126 to reflect all
			 material changes that affect the offering. The prospectus or offering document
			 must be dated within the past twelve months;
(d) The financial statements specified in
			 RCW
			  21.20.210(14), dated as of
			 the end of the issuer's most recent fiscal year. If the issuer's fiscal year
			 ended more than four months prior to the date of application, the issuer should
			 submit an unaudited interim balance sheet dated within four months prior to the
			 date of the renewal application; and
(e) A sales report, dated as of the most
			 recent practicable date, containing the dollar amount of each class of
			 securities sold in the state during the current registration period.
Washington Administrative Code › Title 460 - Financial Institutions, Department of (Securities Division) › Chapter 460-16A - General rules › Section 460-16A-040 - Voting rights of preferred stocks

Current through Register Vol. 24-14, July 15, 2024
The charter documents of a corporation proposing to issue
				preferred shares (which are nonparticipating and nonconvertible) without full
				voting rights should normally provide that the holders of such preferred shares
				shall have the right to reasonable representation on the board of directors
				upon a cumulative default, whether consecutive or not, of dividend payments for
				two years and that such shall continue until the full payment of all arrears in
				dividends on such preferred shares. The right to elect a majority of the board
				is presumptively reasonable.
Order 304, §
										460-16A-040, filed 2/28/75,
				  effective 4/1/75. Formerly chapter 460-16
				  WAC.
Washington Administrative Code › Title 460 - Financial Institutions, Department of (Securities Division) › Chapter 460-16A - General rules › Section 460-16A-045 - Protective provisions for preferred shares

Current through Register Vol. 24-14, July 15, 2024
The charter documents of a corporation proposing to issue
				preferred shares which are nonparticipating and nonconvertible should normally
				provide reasonable protective provisions for the preferred shareholders,
				including where appropriate:
(1) A
			 provision that the dividends on such shares shall be cumulative;
(2) A provision prohibiting any dividends on
			 common stock during the existence of any arrears on the preferred
			 shares;
(3) An appropriate
			 requirement for the approval by the vote or written consent of a specified
			 percentage of the preferred shares of any substantial sale of assets or any
			 adverse change in the rights of such shares and of the issuance of any shares
			 having priority over such preferred shares; and
(4) Appropriate dividend restrictions on the
			 common stock.
Order 304, §
										460-16A-045, filed 2/28/75,
				  effective 4/1/75. Formerly chapter 460-16
				  WAC.
Washington Administrative Code › Title 460 - Financial Institutions, Department of (Securities Division) › Chapter 460-16A - General rules › Section 460-16A-050 - Opinion of counsel

Current through Register Vol. 24-14, July 15, 2024
There shall be submitted a signed or conformed copy of an
				attorney's opinion as to:
(1) The
			 legality of form and status of existence of the registrant;
(2) Status of litigation in which the
			 registrant is involved or of which the attorney has actual notice that may be
			 pending or threatened.
Statutory Authority:
				  RCW
				  21.20.450. 88-03-015 (Order SDO-164A-87),
				  §
										460-16A-050, filed 1/11/88; Order
				  304, §
										460-16A-050, filed 2/28/75,
				  effective 4/1/75. Formerly chapter 460-16
				  WAC.
Washington Administrative Code › Title 460 - Financial Institutions, Department of (Securities Division) › Chapter 460-16A - General rules › Section 460-16A-055 - Corporate resolution

Current through Register Vol. 24-14, July 15, 2024
There shall be submitted a copy of the corporate resolution
				authorizing the registrant's filing the registration statement and authorizing
				the issue.
Order 304, §
										460-16A-055, filed 2/28/75,
				  effective 4/1/75. Formerly chapter 460-16
				  WAC.
Washington Administrative Code › Title 460 - Financial Institutions, Department of (Securities Division) › Chapter 460-16A - General rules › Section 460-16A-065 - Convertible senior securities

Current through Register Vol. 24-14, July 15, 2024
The charter documents of a corporation proposing to issue
				convertible preferred shares or the indenture or other instrument pursuant to
				which convertible debt securities or options or warrants are proposed to be
				issued should normally contain an appropriate antidilution provision providing
				for an adjustment of the number of shares into which such shares or units are
				convertible or the number of shares purchasable pursuant to such options or
				warrants upon any stock split or stock dividend or other recapitalization of
				the issuer. Such charter documents or indenture or other instrument may also
				provide for a similar adjustment upon the issuance of additional common stock
				by the issuer for a consideration less than the conversion price of the options
				or warrants for less than the then current market price for the common
				stock.
Order 304, §
										460-16A-065, filed 2/28/75,
				  effective 4/1/75. Formerly chapter 460-16
				  WAC.
Washington Administrative Code › Title 460 - Financial Institutions, Department of (Securities Division) › Chapter 460-16A - General rules › Section 460-16A-070 - Assessments

Current through Register Vol. 24-14, July 15, 2024
Securities should be nonassessable, except that issuers
				organized solely to supply services or property to their members on a
				continuing basis may provide for an equitable assessment corresponding to the
				services or property supplied.
Order 304, §
										460-16A-070, filed 2/28/75,
				  effective 4/1/75. Formerly chapter 460-16
				  WAC.
Washington Administrative Code › Title 460 - Financial Institutions, Department of (Securities Division) › Chapter 460-16A - General rules › Section 460-16A-080 - Subscription agreement

Current through Register Vol. 24-14, July 15, 2024
The subscription agreement shall contain among other things an
				acknowledgment by the subscriber that he has received a copy of the offering
				circular. Each completed subscription agreement shall be kept in the office of
				the issuer or broker-dealer for a period of three years after the
				transaction.
Order 304, §
										460-16A-080, filed 2/28/75,
				  effective 4/1/75. Formerly chapter 460-16
				  WAC.
Washington Administrative Code › Title 460 - Financial Institutions, Department of (Securities Division) › Chapter 460-16A - General rules › Section 460-16A-115 - Reimbursement of expenses incurred by promoters

Current through Register Vol. 24-14, July 15, 2024
Actual and necessary expenses paid by a promoter in connection
				with the founding or organizing of a business enterprise, the offering of its
				securities and the acquisition of assets with which the issuer is to carry on
				its business may be reimbursed out of the proceeds of the sale of securities,
				subject, however, in the case of selling expenses to the limitation on total
				selling expenses contained in WAC
				460-16A-205(1)(t).
Statutory Authority:
				  RCW
				  21.20.450. 98-17-013, §
										460-16A-115, filed 8/10/98,
				  effective 9/10/98; Order 304, §
										460-16A-115, filed 2/28/75,
				  effective 4/1/75. Formerly chapter 460-16
				  WAC.
Washington Administrative Code › Title 460 - Financial Institutions, Department of (Securities Division) › Chapter 460-16A - General rules › Section 460-16A-120 - Price variance

Current through Register Vol. 24-14, July 15, 2024
(1) Securities
			 of the same class to be offered under the same registration statement should be
			 offered and sold at the same price.
(2) The administrator may waive the provision
			 of subsection (1) of this section to allow reduced sales commissions for
			 purchases of large blocks of the issuer's securities, provided the net proceeds
			 from such sales are the same as those realized from the sale of securities at
			 the full commission price.
Statutory Authority:
				  RCW
				  21.20.450. 98-17-013, §
										460-16A-120, filed 8/10/98,
				  effective 9/10/98; 96-11-021, §
										460-16A-120, filed 5/6/96,
				  effective 6/6/96; Order 304, §
										460-16A-120, filed 2/28/75,
				  effective 4/1/75. Formerly chapter 460-16
				  WAC.
Washington Administrative Code › Title 460 - Financial Institutions, Department of (Securities Division) › Chapter 460-16A - General rules › Section 460-16A-125 - Prospectus or offering circular

Current through Register Vol. 24-14, July 15, 2024
(1) The administrator shall require the use
			 of an offering circular or prospectus for each registration that is filed with
			 the division.
(2) The prospectus or
			 offering circular may be printed, mimeographed, lithographed, or typewritten,
			 or prepared by any similar process which will result in clear legible copies.
			 If printed, it shall be set in clear roman type at least as large as ten point
			 modern type, with financial data or other statistical or tabular matter at
			 least as large as eight point (all type shall be leaded at least two
			 point).
(3) Every offering circular
			 or prospectus must disclose all material facts affecting the sale of
			 securities.
Statutory Authority:
				  RCW
				  21.20.450. 96-11-024, §
										460-16A-125, filed 5/6/96,
				  effective 6/6/96; Order 304, §
										460-16A-125, filed 2/28/75,
				  effective 4/1/75. Formerly chapter 460-16
				  WAC.