(a) With respect to a federal covered security, as defined in 15 U.S.C. § 77r (b) (Securities Act of 1933), that is not otherwise exempt under Alaska Stat. § 45.56.110 – 45.56.160, a regulation adopted or order issued under this chapter may require the filing of any or all of the following records:
Terms Used In Alaska Statutes 45.56.200
administrator: means the commissioner of commerce, community, and economic development or a designee of the commissioner. See Alaska Statutes 45.56.900
Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
federal covered security: means a security that is, or upon completion of a transaction will be, a covered security under 15 U. See Alaska Statutes 45.56.900
filing: means the receipt under this chapter of a record by the administrator or a designee of the administrator. See Alaska Statutes 45.56.900
issuer: means a person that issues or proposes to issue a security, subject to the following:(A) the issuer of a voting trust certificate, collateral trust certificate, certificate of deposit for a security, or share in an investment company without a board of directors or individuals performing similar functions is the person performing the acts and assuming the duties of depositor or manager under the trust or other agreement or instrument under which the security is issued. See Alaska Statutes 45.56.900
sale: includes every contract of sale, contract to sell, or disposition of a security or interest in a security for value, and "offer to sell" includes every attempt or offer to dispose of, or solicitation of an offer to purchase, a security or interest in a security for value. See Alaska Statutes 45.56.900
Securities and Exchange Commission: means the United States Securities and Exchange Commission. See Alaska Statutes 45.56.900
Service of process: The service of writs or summonses to the appropriate party.
state: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Alaska Statutes 45.56.900
(1) before the initial offer of a federal covered security in this state, all records that are part of a federal registration statement filed with the Securities and Exchange Commission under 15 U.S.C. § 77a – 77aa (Securities Act of 1933), a consent to service of process complying with Alaska Stat. § 45.56.650 signed by the issuer, and the payment of a fee established in a regulation adopted under this chapter;(2) after the initial offer of the federal covered security in this state, all records that are part of an amendment to a federal registration statement filed with the Securities and Exchange Commission under 15 U.S.C. § 77a – 77aa (Securities Act of 1933); and(3) to the extent necessary or appropriate to compute fees, a report of the value of the federal covered securities sold or offered to persons present in this state if the sales data are not included in records filed with the Securities and Exchange Commission and payment of a fee established in a regulation adopted under this chapter.(b) A notice filing under (a) of this section is effective for one year commencing on the later of the notice filing or the effectiveness of the offering filed with the Securities and Exchange Commission. On or before expiration, the issuer may renew a notice filing by filing with the Securities and Exchange Commission a copy of those records filed by the issuer that are required by a regulation adopted or order issued under this chapter to be filed and by paying a renewal fee established in a regulation adopted under this chapter. A previously filed consent to service of process complying with Alaska Stat. § 45.56.650 may be incorporated by reference in a renewal. A renewed notice filing becomes effective upon the expiration of the filing being renewed.(c) With respect to a security that is a federal covered security under 15 U.S.C. § 77r (b)(4)(D) (Securities Act of 1933), a regulation adopted under this chapter may require a notice filing by or on behalf of an issuer to include a copy of Form D, including the Appendix, as adopted by the Securities and Exchange Commission, and a consent to service of process complying with Alaska Stat. § 45.56.650 signed by the issuer not later than 15 days after the first sale of the federal covered security in this state and the payment of a fee established in a regulation adopted under this chapter; and the payment of a fee established in a regulation adopted under this chapter for any late filing.(d) Except with respect to a federal covered security under 15 U.S.C. § 77r (b)(1) (Securities Act of 1933), if the administrator finds that there is a failure to comply with a notice or fee requirement of this section, the administrator may issue a stop order suspending the offer and sale of a federal covered security in this state. If the deficiency is corrected, the stop order is void as of the time of its issuance and a penalty may not be imposed by the administrator.
