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Section 18(b)(2) of the 1933 Act provides:
(2) A security is a covered security if such security is a security issued by an
investment company that is registered, or that has filed a registration statement, under
the Investment Company Act of 1940.
Notice Filing Requirement: Investment companies that qualify
under section 18(b)(2) are required to make a notice filing in Utah pursuant to rule
R164-15-1 of the UAC.
Filing: To make a notice filing for an investment company, the
issuer must submit to the Division the following:
- A completed manually signed Form NF;
- A completed manually signed NASAA Form U-2 - Uniform Consent to Service of Process; and
- $500 filing fee.
Substitute for Form NF: The issuer may submit a copy of all
documents that are part of the federal registration statement filed with the SEC as a
substitute for NASAA Form NF.
Request for Documents: Upon written request of the Division and
within the time period set forth in the request, the issuer must submit to the Division a
copy of any document, identified in the request, that is part of the federal registration
statement filed with the SEC or is part of an amendment to such federal registration
statement.
Prospectus Level Filing: All securities included in the same
prospectus may be covered under a single notice filing.
Prior Form U-2 Filing: An issuer who has filed a Form U-2 in
connection with a previous notice filing need not file another.
Term of notice filing: Notice filings are effective for one year
from the date filed with the Division, except for unit investment trusts which are
effective for an indefinite period of time from the date filed with the Division.
To facilitate the coordination of expiration dates with other states, the issuer may
request a specific
term of effectiveness which does not exceed one year.
Renewal: A notice filing, for which the term is about to expire,
may be renewed by submitting to the Division, another notice and $500 fee.
Amendments: A notice filing may be amended by forwarding the
corrected information to the Division and requesting that the file be amended accordingly.
No fee is required for an amendment.
Recognized designee: The Division authorizes and recognizes the
Securities Registration Depository, Inc. as a designee to receive notice filings under
this rule on behalf of the Division, including but not limited to notices, fees, and all
documents that are part of a federal registration statement filed with the SEC under the
Securities Act of 1933.
Sales Report: Within 30 days of the close of the offering or when
the issuer ceases to rely upon the notice, whichever occurs first, unit investment trusts
shall file a sales report on NASAA Form NF. No sales report is required for open-end
management investment companies.
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