75-76-259 - Information required from publicly traded corporations; alternative information required of publicly traded foreign corporations.
§ 75-76-259. Information required from publicly traded corporations; alternative information required of publicly traded foreign corporations.
(1) Except as provided in subsection (2), after the publicly traded corporation has registered pursuant to this chapter, and while the subsidiary holds a gaming license, the publicly traded corporation shall:
(a) Report promptly to the executive director in writing any change in its officers, directors or employees who are actively and directly engaged in the administration or supervision of the gaming activities of the corporate or limited partnership gaming licensee.
(b) Each year furnish to the executive director a profit and loss statement and a balance sheet of the publicly traded corporation as of the end of the year and, upon request of the executive director therefor, a copy of the publicly traded corporation's federal income tax return within thirty (30) days after the return is filed with the federal government. All profit and loss statements and balance sheets must be submitted within one hundred twenty (120) days after the close of the fiscal year to which they relate and may be those filed by the publicly traded corporation with or furnished by it to the Securities and Exchange Commission.
(c) Mail to the executive director a copy of any statement, or amendment thereto, received from a stockholder or group of stockholders pursuant to Section 13(d) of the Securities Exchange Act of 1934, as amended, within ten (10) days after receiving the statement or amendment thereto, and report promptly to the executive director in writing any changes in ownership of record of its equity securities which indicate that any person has become the owner of record of more than ten percent (10%) of its outstanding equity securities of any class.
(d) Upon request of the executive director, furnish to it a copy of any document filed by the publicly traded corporation with the Securities and Exchange Commission or with any national or regional securities exchange, including documents considered to be confidential in nature, or any document furnished by it to any of its equity security holders of any class.
(2) A publicly traded corporation which was created under the laws of a foreign country shall, instead of complying with subsection (1):
(a) Each year furnish to the executive director a profit and loss statement and a balance sheet of the publicly traded corporation as of the end of the year, and, upon request of the executive director therefor, a copy of the publicly traded corporation's federal income tax return within thirty (30) days after the return is filed with the federal government. All profit and loss statements and balance sheets must be submitted within one hundred twenty (120) days after the close of the fiscal year to which they relate and may be those filed by the publicly traded corporation with or furnished by it to the foreign governmental agency that regulates the sale of its securities.
(b) Mail to the executive director a copy of any statement, or amendment thereto, received from a stockholder or group of stockholders pursuant to law, within ten (10) days after receiving the statement or amendment thereto, and report promptly to the executive director in writing any changes in ownership of record of its equity securities which indicate that any person has become the owner of record of more than ten percent (10%) of its outstanding equity securities of any class.
(c) Upon request of the executive director, furnish to it a copy of any document filed by the publicly traded corporation with the foreign governmental agency that regulates the sale of its securities exchange, including documents considered to be confidential in nature, or any document furnished by it to any of its equity security holders of any class.
Sources: Laws, 1990 Ex Sess, ch. 45, § 131, eff from and after passage (approved June 29, 1990).