Mo. Code Regs. tit. 15 § 30-50.030
Current through Register Vol. 49, No. 23, December 2, 2024
Section 15 CSR 30-50.030 - FeesPURPOSE: This amendment adds the fees required to submit a notice filing for a Regulation A Tier 2 offering in Missouri.
(1) General Provisions. (A) All fees shall accompany the application or other filing to which they pertain.(B) Fees shall be remitted by check, draft, or money order (cash is not acceptable) payable to the Missouri Secretary of State, or, if the application is submitted through the Central Registration Depository (CRD) System or Investment Adviser Registration Depository (IARD) System, fees shall be remitted by check or wire transfer to the financial institution designated by the Financial Industry Regulatory Authority (FINRA).(C) Fees paid with applications filed through the CRD System, the IARD System, or other electronic system approved by the commissioner may be sent by wire transfer or mail to FINRA.(D) Fees paid in connection with applications filed through other electronic systems that are approved by the commissioner may be sent by wire transfer to the financial institution designated by the Office of the Missouri Secretary of State.(2) Registration of Securities (section 409.3-305(b), RSMo). The fees for registration of securities are as follows: (A) The minimum filing fee is one hundred dollars ($100). This permits registration of up to one hundred thousand dollars ($100,000) of securities in Missouri.(B) To register more than one hundred thousand dollars ($100,000) of securities in Missouri, the registration fee is one-twentieth of one percent (1/20 of 1%) of the amount above one hundred thousand dollars ($100,000). The maximum total fee (filing plus registration) is one thousand dollars ($1,000).(C) The registration fee in the case of warrants or rights shall be based on the aggregate amount of the security called for by the warrants or rights, and the amount of the warrants or rights if they are not distributed without consideration.(D) The registration fee relating to convertible securities in which no consideration is given for the second security, except the surrender of the first, shall be based solely on the amount of the convertible security.(E) When separate securities are sold as a unit, the unit and the securities that comprise the unit are considered one (1) registration. The registration fee is based on the aggregate amount of securities that comprise the unit. When separate securities are sold separately, a separate application, filing fee, and registration fee is required for each security.(F) Renewal Filings. The annual renewal fee for the registration of securities is one hundred dollars ($100).(3) Federal Covered Securities. The filing fees for federal covered securities are as follows: (A) Face-Amount Certificate Companies or Open-End Management Companies. The fees for securities issued by these companies, as classified under the Investment Company Act of 1940 and that are offered or sold in this state, shall consist of the following: 1. Initial filing fee. The initial filing fee is one hundred dollars ($100). The initial filing fee must be paid prior to the initial offer of the securities in this state. A separate initial filing fee is required for each portfolio of securities.2. Filing fee. A filing fee of one-twentieth of one percent (1/20 of 1%) of the amount of securities sold in this state during the issuer's previous fiscal year must be paid within sixty (60) days of the issuer's fiscal year end. The maximum filing fee for the securities sold in this state during a fiscal year is three thousand dollars ($3,000). This maximum filing fee includes the initial filing fee for the first fiscal year. In addition, the renewal fee described in subsection (3)(C) below can be applied as the filing fee for the first two hundred thousand dollars ($200,000) of securities sold in this state during a fiscal year. A separate filing fee is required for each portfolio of securities.(B) Closed End Management Companies. The fees for securities issued by these companies, as classified under the Investment Company Act of 1940 and that are offered or sold in this state, shall consist of the following: 1. Initial filing fee. The initial filing fee is one hundred dollars ($100). The initial filing fee of one hundred dollars ($100) includes the filing fee for the first one hundred thousand dollars ($100,000) of securities to be sold in this state; and2. Filing fee. The filing fee for any additional amount of securities sold above the first one hundred thousand dollars ($100,000) is one-twentieth of one percent (1/20 of 1%) of the amount of the additional securities sold in this state during the issuer's previous fiscal year and must be paid within sixty (60) days of the issuer's fiscal year end. The maximum filing fee is one thousand dollars ($1,000) and includes the initial filing fee.(C) Unit Investment Trusts. The fees for securities issued by these companies, as classified under the Investment Company Act of 1940 and that are offered or sold in this state, shall consist of the following: 1. Initial filing fee. The initial filing fee is one hundred dollars ($100). The initial filing fee of one hundred dollars ($100) includes the filing fee for the first one hundred thousand dollars ($100,000) of securities to be sold in this state; and2. Filing fee. The filing fee for any additional amount of securities sold above the first one hundred thousand dollars ($100,000) is one-twentieth of one percent (1/20 of 1%) of the amount of the additional securities sold in this state after the anniversary of the effectiveness with the Securities and Exchange Commission or the anniversary of the filings' effectiveness in this state, and must be paid within sixty (60) days of that date. The maximum filing fee is one thousand dollars ($1,000) and includes the initial filing fee.(D) Renewal Fee for Investment Companies. The annual renewal fee for investment companies is one hundred dollars ($100) and must be paid on or within thirty (30) days before the anniversary of the effective date or at the time of the fiscal year end.(E) Regulation D, Rule 506. The filing fee for each offering under Regulation D, Rule 506, is one hundred dollars ($100). There shall be a payment of fifty dollars ($50) for any late filing.(F) Regulation A, Tier 2. The filing fee for each offering under Regulation A, Tier 2, is one hundred dollars ($100). There shall be a payment of fifty dollars ($50) for any late filing.(4) Registration of Broker-Dealers and Investment Advisers (section 409.4-410, RSMo). The filing fees for registration of broker-dealers and investment advisers are as follows: (A) Initial Registration-two hundred dollars ($200); and(B) Renewal Registration-one hundred dollars ($100).(5) Registration of Agents and Investment Adviser Representatives. The filing fees for registration of broker-dealer agents and investment adviser representatives are as follows: (A) Initial Registration-fifty dollars ($50);(B) Renewal Registration-fifty dollars ($50); and(C) Change of Registration-fifty dollars ($50).(6) Federal Covered Adviser. The notice filing fees of federal covered advisers are as follows: (A) Initial Notice Filing-two hundred dollars ($200); and(B) Renewal Notice Filing-one hundred dollars ($100).(7) Document Requests. The fees for copies of documents and records in the division, or reports relating to these documents or records, are as follows: ten cents (10[CENT]) per page, plus five dollars ($5) for certification and two dollars ($2) per page for telephone and electronic transmittals (sections 28.160 and 409.6-606(c), RSMo).(8) Interpretive Opinions. Interpretive opinions, including no action letters and opinions that involve a claim of exception from a definition under section 409.1-102, RSMo, or otherwise from the scope of the Act, may be provided to interested persons for a filing fee of one hundred dollars ($100) (section 409.6-605(d), RSMo).(9) Notice Filing for Exemptions. The filing fee for a notice filing for an exemption under sections 409.2-201, 409.2-202, or 409.2-203, RSMo, is one hundred dollars ($100).(10) Refunds. (A) No refund of filing fees shall be permitted in the instances of applications for registration of securities and for registration of broker-dealers, agents, investment advisers, and representatives of investment advisers, even though the applications are denied or withdrawn (section 409.4-410, RSMo);(B) Registration fees, but not filing fees, will be refunded upon withdrawal of an application. Registration fees will not be refunded if an application is denied registration pursuant to section 409.3-306, RSMo; and(C) No refund of registration fees shall be permitted, if registration of securities is effected.(11) Exemption for Active Duty Military Personnel. Agents and investment adviser representatives who either have been called to active military duty or voluntarily joined the Armed Forces of the United States shall be, after proper notification, exempt from the payment of renewal registration fees for the period of active service. (A) Agents and investment adviser representatives wishing to utilize the exemption shall notify the division in writing, and provide a copy of the individual's orders (official call-up notification) or a copy of the letter of leave request for individuals that voluntarily join. Either document should include the individual's start date, military branch, and location of service duty.(B) Within ninety (90) days of completion of military service, the agent or investment adviser representative shall provide a copy of the individual's discharge papers that indicate the start and end dates of service. Upon completion of service, the individual's renewal registration fee shall be paid under the provisions of section 409.4-406(2)(d), RSMo.(C) Any renewal fee paid during the time the individual is on active military duty shall be refunded within ninety (90) days. AUTHORITY: sections 409.3-302, 409.3-305(b), 409.4-410, 409.6-605, and 409.6-606(c), RSMo Supp. 2008.* Original rule filed June 25, 1968, effective Aug. 1, 1968. Amended: Filed May 21, 1969, effective Aug. 1, 1969. Amended: Filed July 21, 1972, effective Aug. 1, 1972. Amended: Filed Nov. 15, 1974, effective Nov. 25, 1974. Amended: Filed Dec. 19, 1975, effective Dec. 31, 1975. Emergency amendment filed Aug. 11, 1978, effective Aug. 23, 1978, expired Dec. 21, 1978. Amended: Filed Aug. 11, 1978, effective Feb. 11, 1979. Emergency amendment filed Aug. 1, 1980, effective Aug. 13, 1980, expired Dec. 11, 1980. Amended: Filed Aug. 13, 1980, effective Dec. 11, 1980. Amended: Filed Oct. 16, 1986, effective Feb. 12, 1987. Amended: Filed July 20, 1988, effective Nov. 11, 1988. Amended: Filed Jan. 3, 1990, effective March 11, 1990. Amended: Filed Dec. 24, 1991, effective May 14, 1992. Amended: Filed June 8, 1992, effective Feb. 26, 1993. Emergency amendment filed Aug. 4, 1995, effective Aug. 14, 1995, expired Dec. 11, 1995. Amended: Filed Aug. 4, 1995, effective Jan. 30, 1996. Amended: Filed Feb. 2, 1996, effective July 30, 1996. Rescinded and readopted: Filed Dec. 17, 2001, effective July 30, 2002. Amended: Filed Nov. 26, 2002, effective May 30, 2003. Emergency amendment filed Aug. 25, 2003, effective Sept. 12, 2003, expired March 9, 2004. Amended: Filed Aug. 25, 2003, effective Feb. 29, 2004. Amended: Filed July 11, 2005, effective Jan. 30, 2006. Amended: Filed May 21, 2009, effective Nov. 30, 2009. Amended by Missouri Register December 16, 2019/Volume 44, Number 24, effective 1/30/2020Amended by Missouri Register December 15, 2020/Volume 45, Number 24, effective 1/29/2021*Original authority: 409.3-302, RSMo 2003; 409.3-305, RSMo 2003; 409.4-410, RSMo 2003; 409.6-605, RSMo 2003; and 409.6-606, RSMo 2003.