409.3-302. Notice filing.

MISSOURI STATUTES AND CODES

Notice filing.

409.3-302. (a) With respect to a federal covered security, as definedin Section 18(b)(2) of the Securities Act of 1933 (15 U.S.C. Section77r(b)(2)), that is not otherwise exempt under sections 409.2-201 to409.2-203, a rule adopted or order issued under this act may require thefiling of any or all of the following records:

(1) Before the initial offer of a federal covered security in thisstate, all records that are part of a federal registration statement filedwith the Securities and Exchange Commission under the Securities Act of 1933and a consent to service of process complying with section 409.6-611 signed bythe issuer and the payment of a fee of one hundred dollars;

(2) After the initial offer of the federal covered security in thisstate, all records that are part of an amendment to a federal registrationstatement filed with the Securities and Exchange Commission under theSecurities Act of 1933; and

(3) To the extent necessary or appropriate to compute fees, a report ofthe value of the federal covered securities sold or offered to persons presentin this state, if the sales data are not included in records filed with theSecurities and Exchange Commission and payment of a fee of one-twentieth ofone percent of the amount of securities sold in this state during thatprevious fiscal year. In no case shall this fee exceed three thousanddollars.

(b) A notice filing under subsection (a) is effective for one yearcommencing on the later of the notice filing or the effectiveness of theoffering filed with the Securities and Exchange Commission. On or beforeexpiration, the issuer may renew a notice filing by filing a copy of thoserecords filed by the issuer with the Securities and Exchange Commission thatare required by rule or order under this act to be filed and by paying arenewal fee of one hundred dollars. A previously filed consent to service ofprocess complying with section 409.6-611 may be incorporated by reference in arenewal. A renewed notice filing becomes effective upon the expiration of thefiling being renewed.

(c) With respect to a security that is a federal covered security underSection 18(b)(4)(D) of the Securities Act of 1933(15 U.S.C. Section77r(b)(4)(D)), a rule under this act may require a notice filing by or onbehalf of an issuer to include a copy of Form D, including the Appendix, aspromulgated by the Securities and Exchange Commission, and a consent toservice of process complying with section 409.6-611 signed by the issuer notlater than fifteen days after the first sale of the federal covered securityin this state and the payment of a fee of one hundred dollars; and the paymentof a fee of fifty dollars for any late filing.

(d) Except with respect to a federal security under Section 18(b)(1) ofthe Securities Act of 1933 (15 U.S.C. Section 77r(b)(1)), if the commissionerfinds that there is a failure to comply with a notice or fee requirement ofthis section, the commissioner may issue a stop order suspending the offer andsale of a federal covered security in this state. If the deficiency iscorrected, the stop order is void as of the time of its issuance and nopenalty may be imposed by the commissioner.