61-1-14(2)(v) – Discretionary Exemption

Exemption

(2) The following transactions are exempted from Sections 61-1-7 and 61-1-15:

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(v) a transaction as to which the division finds that registration is not necessary or appropriate for the protection of investors.

Division Interpretive Commentary

The Division has provided discretionary exemptions by rule and by order. 

Discretionary exemptions by order are limited to transactions which are not covered by any other exemption in which the Division finds that registration is not necessary or appropriate for the protection of investors.

To request a discretionary exemption, file with the Division:

  1. Corporate Finance Filing Portal
    1. a letter that explains the transaction and argues why registration is not necessary or appropriate for the protection of investors;
    2. a copy of all disclosure materials to be provided to investors; fully executed U2 Consent to Process Form

  2. ACH/Wire payment directly to the Division
    1. $60 filing fee
    2. Provide the ACH/Wire payment information within the filing portal.