D.C. Mun. Regs. tit. 26, r. 26-B243
Issuers relying upon the exemptions from registration found in §§ 401(7), (8), (10), (12); or §§ 402(12), (16), (18), or (19) of the Act (D.C. Offical Code § 31-564.01)shall comply with the notice filing and fee requirements of this section. The burden of proving a claim to an exemption or an exception from a definition is upon the person claiming it.
Except for the exemptions found in the sections referenced in § 243.1, issuers relying upon the exemptions from registration found in §§ 401 and 402 of the Act (D.C. Offical Code §§ 31-5604.01 and 31.5604.02) shall not file any notice, or pay any fee to the Department.
An issuer relying upon an exemption found in §§ 401(8) or 401(12) of the Act (D.C. Offical Code § § 31-5604.01(8) and 31.5604.01(12))shall file a written notice with the Commissioner at least ten (10) days prior to the first offering of sale pursuant to the exemption. The notice filing under this subsection shall contain the following information:
The notice filed with the Commissioner pursuant to § 243.3 shall be accompanied by the following:
An issuer relying upon an exemption from registration found in §§ 401(7), (10); or §§ 402(16), (18), or (19) of the Act (D.C. Official Code § 31-5604.01) shall file a written notice with the Commissioner at least twenty (20) days prior to the first offering of sale pursuant to such claim. The notice filing under this subsection shall contain the following information:
The notice filed with the Commissioner pursuant to § 243.5 shall be accompanied by the following:
The exemption from registration found in § 402(12)(A) of the Act (D.C. Offical Code § 31-5604.02) shall only be available to issuers that would otherwise be required to file a prospectus with the Department.
An issuer offering securities pursuant to rule 504 of SEC Regulation D, 17 C.F.R. § 230.504, may use the exemption found in § 402(12)(A) of the Act. Such issuers shall be prohibited from making offers to more than ten (10) persons, during any period of twelve (12) consecutive months. For purposes of calculating the number of persons pursuant to this subsection, the issuer should refer to the definition of "person" found in § 101(23) of the Act.
An issuer relying upon an exemption found in § 402(12)(A) of the Act (D.C. Official Code § 31-5604.02) shall file a written notice with the Commissioner at least twenty (20) days prior to the first offering of sale pursuant to such claim. The notice filing under this subsection shall contain the following information:
The notice filed with the Commissioner pursuant to this § 243.9 shall be accompanied by the following:
Issuers relying on an exemption covered by this section shall not pay any commission or remuneration for soliciting any prospective buyer, except to a broker-dealer or issuer's agent registered in the District.
Issuers relying on an exemption covered by this section shall provide, prior to any sale, all prospective buyers with a disclosure document containing the material terms of the proposed offering.
An exemption for an offering made pursuant to this section shall be effective for 1 year from the date that the notification filing is accepted by the Commissioner. An exemption may be extended for successive 1-year periods by complying with the applicable notice filing and fee provisions of this section.
If an exemption covered by this section is disallowed by the Commissioner, the offering must be registered under Section 302, 303 or 304 of the Act, unless another exemption is available.
The Commissioner retains the right to take action under the Act against an issuer or other person that fails to comply with the requirements of this section.
D.C. Mun. Regs. tit. 26, r. 26-B243