3 Colo. Code Regs. § 702-3-2-1-5

Current through Register Vol. 47, No. 24, December 25, 2024

Section 3 CCR 702-3-2-1-5 - Solicitations to Which Regulation Applies

Section 12 of this regulation shall apply to every solicitation that is subject to Section 3. Sections 4 through 11 and Section 13 of this regulation shall apply to every solicitation that is subject to Section 3 except the following:

A. A solicitation made otherwise than on behalf of the issuer where the total number of persons solicited is not more than ten (10).

B. A solicitation by a person in respect of securities carried in his name or in the name of his nominee (otherwise than as voting trustee) or held in his or her custody, if the person:

1. Receives no commission or remuneration for the solicitation, directly or indirectly, other than reimbursement of reasonable expenses;

2. Furnishes promptly to the solicited person a copy of all soliciting material with respect to the same subject matter or meeting received from all persons who shall furnish copies thereof for that purpose and who shall, if requested, defray the reasonable expenses to be incurred in forwarding the material; and

3. In addition, does no more than impartially instruct the person solicited to forward a proxy to the person, if any, to whom the person solicited desires to give a proxy, or impartially request from the person solicited instructions as to the authority to be conferred by the proxy and state that a proxy will be given if no instructions are received by a certain date.

C. A solicitation by a person in respect of securities of which it is the beneficial owner.

D. A solicitation through the medium of a newspaper advertisement which informs security holders of a source from which they may obtain copies of a proxy statement, form of proxy and any other soliciting material and does no more than:

1. Name the issuer;

2. State the reason for the advertisement; and

3. Identify the proposal or proposals to be acted upon by security holders.

E. Any solicitation which the Commissioner finds for good cause should be exempted from this regulation or any part thereof.

3 CCR 702-3-2-1-5

37 CR 20, October 25,2014, effective 11/15/2014

37 CR 20, October 25,2014, effective 1/1/2015

37 CR 23, December 10, 2014, effective 1/1/2015

38 CR 17, September 10, 2015, effective 10/1/2015

39 CR 05, March 10, 2016, effective 4/1/2016

39 CR 14, July 25, 2016, effective 8/15/2016

39 CR 23, December 10, 2016, effective 1/1/2017

40 CR 03, February 10, 2017, effective 3/15/2017

40 CR 05, March 10, 2017, effective 4/1/2017

40 CR 13, July 10, 2017, effective 8/1/2017

40 CR 17, September 10, 2017, effective 11/1/2017

43 CR 06, March 25, 2020, effective 4/15/2020

44 CR 03, February 10, 2021, effective 3/15/2021

44 CR 23, December 10, 2021, effective 1/1/2022

46 CR 03, February 10, 2023, effective 3/2/2023