3 Colo. Code Regs. § 704-1-51-3.13

Current through Register Vol. 47, No. 20, October 25, 2024

Section 3 CCR 704-1-51-3.13 - Transactional Securities Registration Exemptions under section 11-51-308(1)(p)

A. The exclusion of Regulation A from the registration exemption in 11-51-308(1)(p) shall only apply to Tier 1 offerings. The following provisions apply to offerings made under Tier 2 of federal Regulation A and Section 18(b)(3)of the Securities Act of 1933:

1. Initial filing. An issuer planning to offer and sell securities in this state in an offering exempt under Tier 2 of federal Regulation A shall submit the following at least 21 calendar days prior to the initial sale in this state:

a. A completed Regulation A- Tier 2 notice filing form or copies of all documents filed with the Securities and Exchange Commission;

b. A consent to service of process on Form U-2 if not filing on the Regulation A- Tier 2 notice filing form; and

c. The filing fee prescribed by the Securities Commissioner.

2. The initial notice filing is effective for twelve months from the date of the filing with this state.

B. For each additional twelve-month period in which the same offering is continued, an issuer conducting a Tier 2 offering under federal Regulation A may renew its notice filing by filing the following on or before the expiration of the notice filing:

1. The Regulation A- Tier 2 notice filing form marked "renewal" and/or a cover letter or other document requesting renewal; and

2. The renewal fee prescribed by the Securities Commissioner to renew the unsold portion of securities for which a filing fee has previously been paid.

C. An issuer may increase the amount of securities offered in this state by submitting a Regulation A - Tier 2 notice filing form marked "amendment" or other document describing the transaction and a fee prescribed by the Securities Commissioner.

3 CCR 704-1-51-3.13

38 CR 01, January 10, 2015, effective 1/30/2015

38 CR 08, April 25, 2015, effective 6/1/2015

38 CR 18, September 25, 2015, effective 10/15/2015

39 CR 01, January 10, 2016, effective 1/30/2016

40 CR 01, January 10, 2017, effective 1/30/2017

40 CR 12, June 25, 2017, effective 7/15/2017

41 CR 13, July 10, 2018, effective 7/31/2018

43 CR 05, March 10, 2020, effective 3/30/2020

46 CR 05, March 10, 2023, effective 3/30/2023