Investment Company Exemption Filing Information Form. This is a Wyoming form and can be use in Blue Sky Secretary Of State.
Tags: Investment Company Exemption Filing Information, NICEI, Wyoming Secretary Of State, Blue Sky
INVESTMENT COMPANY EXEMPTION W.S. 17-4-114(a) (xi): FILING INFORMATION 17-4-114. Exemptions from registration and literature filing requirements. (a) The following securities are exempted from W.S. 17-4-107 and 17-4-115: (xi) Any security of an investment company registered under the Investment company Act of 1940 (15 u.s.c. 80a-1 through 80a-64 provided: (A) The issuer of an open-end management company that offers or sells shares in Wyoming files a notice to claim this exemption and pays an annual fee of one hundred dollars ($100.00) within sixty (60) days of the comp any's fiscal year end; (B) The sponsor of a unit investment trust that sponsors a unit investment trust that offers or sells shares in Wyoming files a notice to claim this exemption and pays a fee of one hundred dollars ($100.00). W.S. 17-4-114(a) (xi) was amended to include an annual exemption fee to be paid by each mutual fund and by each unit investment trust sponsor who desired to offer securities in Wyoming. The legislature opted not to require registration of investment company securities. Instead it left investment company securities with an exemption status and imposed a fee to help support enforcement and securities regulation activities. The attached ''Notice Of Investment Company Exemption'' contains the information to be filed annually. The ''Notice'' may be submitted in a similar form prepared by the issuer providing it contains the information specified. A check in the amount o $100 shall accompany the ''Notice'' which has been made payable to the ''Wyoming Secretary of State.'' The ''Notice'' and fee are due annually on the unit investment trust sponsor's fiscal year end or 60 days thereafter. The amendment becomes effective on July 1, 1993. Mutual funds and unit investment trust sponsors shall file their first notice and pay their first mutual fund fee no later than 60 days following their first fiscal year end occurring after July 1, 1993. Individual portfolios of mutual funds do not pay $ 100 each unless they are filed separately with the Securities and Exchange Commission using separate registration statements. A mutual fund shall pay $100 regardless whether it has one portfolio or six, providing the portfolios are registered under the same registration statement with the SEC. Because unit investment trusts issue securities in a continuing series, the legislature required the sponsor of other unit investment trust to pay $100 and not each series of a trust. When completing the ''notice,'' the sponsor shall list the trusts sponsored but not each individual issuance since there may be hundreds of numbered issuances. No prospectuses shall be sent to the Secretary of State with the ''Notice'' and fee. The information on the notice is sufficient to enable the Secretary of State to contact an issuer if the Secretary of State requires a prospectus or other documents. American LegalNet, Inc. www.USCourtForms.com NOTICE FILINGS FOR COVERED SECURITIES Section 1. Investment Company Securities. (a) Except as provided in subsection (b), no investment company that is registered under the Investment Company Act of 1940 or that has currently filed a registration statement under the Securities Act of 1933 is required to file with the Secretary of State, either prior to the initial offer or after the initial offer in this state of a security which is a covered security under Section 18 (b) (2) of the Securities Act of 1933, a copy of any document which is part of a federal registration statement filed with the SEC or is part of an amendment to such federal registration statement. (b) An investment company that is registered under the Investment Company Act of 1940 or that has filed a registration statement under the Securities Act of 1933 shall, upon receipt of a written request of the Secretary of State and within the time period set forth in the request, provide a copy of any document identified in the request that is part of the federal registration statement filed with the SEC or part of an amendment to such federal registration statement. (c) Issuers of certain covered securities under section 18 (b) (2) of the Securities Act of 1933 shall make a notice filing with the Secretary of State at the fund or trust level and pay a fee as follows, but no consent to service of process, registration statement, prospectus, amendment, sales literature, annual report or other document shall be filed with the Secretary of State: (i) Open-end investment companies shall make notice filings to the Secretary of State on Form NF or in the alternative the Notice of Investment Company Exemption form which appears as Appendix A to these rules and pay a fee of $200 upon: (A) an initial filing with the state; and, (B) every other year thereafter on the fund's fiscal year end or within 60 days grace period of the fund's fiscal year end. (ii) Initial notice filings will be effective upon receipt or, if requested by the issuer, concurrent with SEC effectiveness. Thereafter, notice filings shall be made on the fund's fiscal year end according to (B) above. (iii) Bi-annual renewals will be effective upon the expiration of the issuer's previous fiscal year end even if received prior to that date or within the 60 days thereafter. American LegalNet, Inc. www.USCourtForms.com (iv) Notice filings may be amended by submitting an amended Form NF or in the alternative, a Notice of Investment Company Exemption, to the Secretary of State. Such amendments shall be effective upon receipt. No fee is payable for amendments. (v) A notice filed under this section may be terminated by the issuer by providing the Secretary of State with notice by letter of such termination and shall be effective upon receipt of such notice. (vi) Unit investment trusts are not required to made notice filings or pay fees. American LegalNet, Inc. www.USCourtForms.com