Section 69W-500.001 - Integration of Section 517.061, F.S.; Offers and Sales(1) Generally, an offer or sale pursuant to an exemption provided by Section 517.061, F.S., shall not be integrated with any other offer or sale which is exempt under any other exemption provided by Section 517.061, F.S., for the purposes of determining the availability of either such exemption. However, the determination as to whether sales of securities, made in reliance upon an exemption under section 517.061(11), F.S., are a part of a larger or single offering which would be required to be integrated with such sales, the following factors shall be considered: (a) Whether the offers or sales are part of a single plan of financing;(b) Whether the offers or sales involve issuance of the same class of security;(c) Whether the offers or sales are made at or about the same time;(d) Whether the same type of consideration is to be received;(e) Whether the offers or sales are made for the same general purpose; and,(f) Whether the offers or sales are made as part of a scheme or device to violate or evade any of the provisions of this act.(2) Offers or sales made pursuant to section 517.061(11), F.S., shall not be integrated with offers or sales made by the issuer or on the issuer's behalf pursuant to a subsequent offering under section 517.081, F.S., or sold pursuant to a registration statement effective under the Securities Act of 1933, provided the issuer has terminated all offers or sales made pursuant to section 517.061(11), F.S., prior to the submission of the application for registration. Offers or sales made pursuant to section 517.061(11), F.S., following an offering registered under section 517.081, F.S., may or may not be integrated with such an offering registered under section 517.081, F.S., or sold pursuant to a registration statement effective under the Securities Act of 1933, depending upon the facts and circumstances in each case.(3) Securities registered with another jurisdiction may be sold in Florida pursuant to section 517.061(11), F.S., provided all requirements of section 517.061(11), F.S., and rules thereunder are complied with.Fla. Admin. Code Ann. R. 69W-500.001
Rulemaking Authority 517.03 FS. Law Implemented 517.061(11) FS.
New 12-5-79, Amended 9-20-82, Formerly 3E-500.01, Amended 7-31-91, Formerly 3E-500.001.New 12-5-79, Amended 9-20-82, Formerly 3E-500.01, Amended 7-31-91, Formerly 3E-500.001.