Section 2.04. Federal covered security notice filings.

 

(1)  

(a) With respect to a federal covered security referred to in s. 551.302 (1) (a) , Stats., unless the security is registered or exempt from registration under s. 551.201 , 551.202 , Stats., or rule or order under s. 551.203 , Stats., the issuer or a person acting on behalf of the issuer shall file with the division not later than the initial offer of the security in this state, a consent to service of process signed by the issuer and the notice filing fee prescribed under s. DFI-Sec 7.01 (2) (d) . If a completed Form NF as prescribed in s. DFI-Sec 9.01 (1) (d) is included with the consent to service of process and the notice filing fee, the issuer need not also include with the filing copies of any documents that are part of the registration statement filed under the securities act of 1933, although the division may at a later time require the filing of a copy of any document that is part of the registration statement filed under the securities act of 1933.

(b) After the initial offer in this state of a federal covered security referred to in s. 551.302 (1) (a) , Stats., if the issuer files an amendment to its registration statement with the U.S. securities and exchange commission under the securities act of 1933 that relates either to a name change of the issuer, or to a change in the designation of the federal covered security, the issuer or a person acting on behalf of the issuer shall file with the division concurrent with the federal filing, a fee of $200, which shall be accompanied by a copy of each amendment-related document filed with the U.S. securities and exchange commission unless the issuer files with the division a completed Form NF as prescribed in s. DFI-Sec 9.01 (1) (d) . The division may at a later time require the filing of a copy of any document relating to the amendment filed under the securities act of 1933.

(c) A unit investment trust or closed-end investment company may extend the offering of its securities beyond a one-year period pursuant to s. 551.302 (1) (c) , Stats., by filing a notice of extension not less than 30 days prior to the end of one year from the date of filing of the initial notice with the division, or an extension notice filed under this paragraph, whichever is most recent. A notice shall consist of a copy of an updated Form NF as prescribed in s. DFI-Sec 9.01 (1) (d) , together with a fee of $200, and at the option of the filing party, a cover letter identifying the most recent prior filing status with the division for the issuer's securities.

(2)  With respect to a federal covered security referred to in s. 551.302 (3) , Stats., unless the security is registered or exempt from registration under s. 551.201 , 551.202 , Stats., or rule or order under s. 551.203 , Stats., the issuer or a person acting on behalf of the issuer shall make a filing with the division not later than 15 days after the first sale of the security in this state that meets the requirements of either of the following:

(a) A notice consisting of a photocopy of a completed Form D as prescribed by rule 503 of regulation D under the securities act of 1933 that has been filed electronically with the U.S. securities and exchange commission, together with a $200 fee.

(b) An electronic filing under the Electronic Filing of Form D (EFD) System developed by the North American Securities Administrators Association and operated by PNC Global Investment Servicing or its affiliate, that designates Wisconsin as a state in which the offering is or will be made, and allocates to Wisconsin a $200 fee.

Cr. Register, December, 1998, No. 516 , eff. 1-1-99; am. (1) (a), Register, December, 1999, No. 528 , eff. 1-1-00; CR 01-082 : cr. (1) (c), Register December 2001 No. 552 , eff. 1-1-02; CR 08-077 : am. (1) and (2), r. (3) and (4) Register December 208 No. 636, eff. 1-1-09; CR 09-056 : am. (2) Register December 2009 No. 648 , eff. 1-1-10.