26 Del. Admin. Code § 1002-D-2.0

Current through Register Vol. 27, No. 12, June 1, 2024

Section 1002-D-2.0 - Notice

2.1 Notice of Financing Plans

On or before December 31 and June 30 of each year, all regulated companies subject to the jurisdiction of the Commission shall file a statement describing generally the securities offerings which are expected to be presented to the Commission during the ensuing six month period. Regulated companies which desire to file only one statement each year may do so if the statement is filed not later than December 31 of each year covering the ensuing twelve month period. Regulated companies with no plans to issue securities must file, at least annually, a statement to that effect. The annual or semi-annual notice shall contain, at a minimum, the following information:

2.1.1 A description of the securities expected to be issued, i.e., Common Stock, First Mortgage Debt, Long-Term Notes, Preferred Stock, etc.

2.1.2 The aggregate amount of such proposed security offering by type of security as in 2.1.1 above.

2.1.3 The expected capitalization and capitalization ratios at the time of the security sale both before and after the issuance of the proposed new securities. This information is to be provided on Schedule No. 1.

2.1.4 A description of the purpose for the issuance of the proposed securities.

2.1.5 If a regulated company cancels, changes or delays a proposed security issue previously reported to the Commission, an amended report must be filed promptly reflecting the change of financing plans and the reasons therefore.

2.2 Prefiling Notice

2.2.1 Not later than twenty (20) days prior to the filing of the application for approval with the Commission for the issuance of securities, each regulated company must file a Prefiling Notice.

2.2.2 The Prefiling Notice must contain the following information:

2.2.2.1 The expected filing date.

2.2.2.2 The expected closing date for the proposed securities.

2.2.2.3 The type and amount of securities to be issued by reference to the previously filed "Notice of Financing Plan."

2.2.2.4 To the extent the securities to be issued differ in any way from the previously filed "Notice of Financing Plan," the information required in 2.1, 2.1.1, 2.1.2, 2.1.3 and 2.1.4 must be provided at this time.

26 Del. Admin. Code § 1002-D-2.0