48 Neb. Admin. Code, ch. 19, § 003

Current through September 17, 2024

Section 48-19-003 - CONTENTS OF REQUEST

003.01 If the exemption notice is filed thirty days or less after the time period specified forthe exemption claimed, the request shall include:

003.01A The date (day, month, year) of the first Nebraska sale in reliance on the applicable exemption,;

003.01B An explanation as to why the filing was late;

003.01C A representation that the conditions of the exemption have been met, except for the timely filing of the notice;

003.01D A representation that there have been no adverse material changes in the financial condition of the issuer since the original date of the offering or first sale;

003.01E A representation that there have been no civil suits or complaints filed by investors against the seller, or investor complaints since the date of the first Nebraska sale; and

003.01F A representation that no administrative actions or investigations have been initiated by any state or federal regulatory authority in connection with the offering or any other investment-related activity by the issuer. For purposes of this Rule, investment-related shall mean pertaining to securities, commodities, banking, insurance, or real estate, including, but not limited to, acting as, or being associated with, a broker-dealer, issuer, investment company, investment adviser, futures sponsor, or depository institution.

003.02 If the exemption notice is filed thirty-one to sixty days after the time period specified for the exemption claimed, the request shall include:

003.02A The information required by Section 003.01, above;

003.02B The names and addresses of all Nebraska investors as of the filing date;

003.02C The date of each Nebraska investor's investment; and

003.02D A statement by the seller(s), and its officers, managers and selling agents, in which they, in their individual and corporate capacity, discuss their prior securities offering experience, if any.

003.03 If the exemption notice is filed more than sixty days after the time period specified forthe exemption claimed, the request shall include:

003.03A The information by Section 003.02, above; and

003.03B If represented by counsel, the date counsel was retained by the seller, and the date when discussions on the Nebraska offering began.

48 Neb. Admin. Code, ch. 19, § 003

Amended effective 6/13/2022