§ 23-19-3-2 — Registration of Securities and Notice Filing of Federal Covered Securities—Federal covered securities; filing and fee requirements; renewal of notice; failure to comply with notice or fee requirement; stop order

(a) With respect to a federal covered security,
as defined in Section 18(b)(2) of the Securities Act of 1933 (15 U.S.C.
77r(b)(2)), that is not otherwise exempt under IC 23-19-2-1 through IC 23-19-2-3, a rule adopted or order issued under this article may require
the filing of any or all of the following records:
(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 the
Securities Act of 1933 and a consent to service of process
complying with IC 23-19-6-11 signed by the issuer and the
payment of a fee as set forth in subsection (c).
(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 the Securities Act of 1933.
(b) A notice filing under subsection (a) is effective for one (1) 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 a copy
of those records filed by the issuer with the Securities and Exchange
Commission that are required by rule or order under this article to be
filed and by paying a renewal fee as set forth in subsection (c). A
previously filed consent to service of process complying with IC 23-19-6-11 may be incorporated by reference in a renewal. A renewed
notice filing becomes effective upon the expiration of the filing being
renewed.
(c) At the time of the filing of the information prescribed in
subsection (a) or (b), the issuer shall pay to the commissioner a fee of
nine hundred dollars ($900). If the notice filing is withdrawn or
otherwise terminated, the commissioner shall retain the fee.
(d) Except for a federal security under Section 18(b)(1) of the
Securities Act of 1933 (15 U.S.C. 77r(b)(1)), if the commissioner finds
that there is a failure to comply with a notice or fee requirement of this
section, the commissioner 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 no
penalty may be imposed by the commissioner.

Legislative History

As added by P.L.27-2007, SEC.23. Amended by P.L.158-2017, SEC.3; P.L.86-2018, SEC.194; P.L.32-2018, SEC.2.