§ 23-19-3-3 — Registration under Securities Act of 1933; registration by coordination; registration statement; required information; notice

Indiana § 23-19-3-3

• Jurisdiction: Indiana
• Title 23: BUSINESS AND OTHER ASSOCIATIONS
• Art. 19: INDIANA UNIFORM SECURITIES ACT
• Ch. 3: Registration of Securities and Notice Filing of Federal

Text

(a) A security for which a registration
statement has been filed under the Securities Act of 1933 in connection
with the same offering may be registered by coordination under this
section.
(b) A registration statement and accompanying records under this
section must contain or be accompanied by the following records in
addition to the information specified in section 5 of this chapter and a
consent to service of process complying with IC 23-19-6-11:
(1) A copy of the latest form of prospectus filed under the
Securities Act of 1933.
(2) A copy of the articles of incorporation and bylaws or their
substantial equivalents currently in effect; a copy of any
agreement with or among underwriters; a copy of any indenture
or other instrument governing the issuance of the security to be
registered; and a specimen, copy, or description of the security
that is required by rule adopted or order issued under this article.
(3) Copies of any other information or any other records filed by
the issuer under the Securities Act of 1933 requested by the
commissioner.
(4) An undertaking to forward each amendment to the federal
prospectus, other than an amendment that delays the effective
date of the registration statement, promptly after it is filed with
the Securities and Exchange Commission.
(c) A registration statement under this section becomes effective
simultaneously with or subsequent to the federal registration statement
when all the following conditions are satisfied:
(1) A stop order under subsection (d) or section 6 of this chapter
or issued by the Securities and Exchange Commission is not in
effect and a proceeding is not pending against the issuer under
section 6 of this chapter.
(2) The registration statement has been on file for at least twenty
(20) days or a shorter period provided by rule adopted or order
issued under this article.
(d) The registrant shall promptly notify the commissioner in a
record of the date when the federal registration statement becomes
effective and the content of any price amendment and shall promptly
file a record containing the price amendment. If the notice is not timely
received, the commissioner may issue a stop order, without prior notice
or hearing, retroactively denying effectiveness to the registration
statement or suspending its effectiveness until compliance with this
section. The commissioner shall promptly notify the registrant of an
order by telegram, telephone, or electronic means and promptly
confirm this notice by a record. If the registrant subsequently complies
with the notice requirements of this section, the stop order is void as of
the date of its issuance.
(e) If the federal registration statement becomes effective before
each of the conditions in this section is satisfied or is waived by the
commissioner, the registration statement is automatically effective
under this article when all the conditions are satisfied or waived. If the
registrant notifies the commissioner of the date when the federal
registration statement is expected to become effective, the
commissioner shall promptly notify the registrant by telegram,
telephone, or electronic means and promptly confirm this notice by a
record, indicating whether all the conditions are satisfied or waived and
whether the commissioner intends the institution of a proceeding under
section 6 of this chapter. The notice by the commissioner does not
preclude the institution of such a proceeding.

Legislative History

As added by P.L.27-2007, SEC.23.