48-2-126 - Exemptions from notice filing and fee requirements.

48-2-126. Exemptions from notice filing and fee requirements.

Notwithstanding the provisions of § 48-2-125(a)(1)(A) and (B), the following covered securities are exempt from the notice filing and fee requirements set forth in § 48-2-125:

     (1)  Any covered security sold to an institutional investor, as defined under § 48-2-102(8);

     (2)  Any security that is defined to be a covered security pursuant to § 48-2-102(7) and is exempt from federal securities registration pursuant to § 3(a)(2) of the Securities Act of 1933;

     (3)  Any security that is defined to be a covered security pursuant to § 48-2-102(7) and is exempt from federal securities registration pursuant to § 3(a)(3) of the Securities Act of 1933;

     (4)  Any security that is defined to be a covered security pursuant to § 48-2-102(7) and is exempt from federal securities registration pursuant to § 3(a)(5) of the Securities Act of 1933;

     (5)  Any security that is defined to be a covered security pursuant to § 48-2-102(7) and is exempt from federal securities registration pursuant to § 3(a)(6) of the Securities Act of 1933;

     (6)  Any security that is defined to be a covered security pursuant to § 48-2-102(7) and is exempt from federal securities registration pursuant to § 3(a)(7) of the Securities Act of 1933;

     (7)  Any security that is defined to be a covered security pursuant to § 48-2-102(7) and is sold in a transaction exempt from federal registration pursuant to § 3(a)(9) of the Securities Act of 1933;

     (8)  Any security that is defined to be a covered security pursuant to § 48-2-102(7) and is sold in a transaction exempt from federal registration pursuant to § 3(a)(10) of the Securities Act of 1933;

     (9)  Any security that is defined to be a covered security pursuant to § 48-2-102(7) and is exempt from federal registration pursuant to § 3(a)(12) of the Securities Act of 1933;

     (10)  Any security that is defined to be a covered security pursuant to § 48-2-102(7) and is exempt from federal registration pursuant to § 3(a)(13) of the Securities Act of 1933;

     (11)  Any security that is defined to be a covered security pursuant to § 48-2-102(7) and is determined, by rule or order of the commissioner, that such notice filing is not necessary for the protection of investors; and

     (12)  Any security issued by a unit investment trust that is registered under the federal Investment Company Act of 1940, as amended, if:

          (A)  The units have been the subject of a previous notice filing and fee under this part and have been sold;

          (B)  The units are offered or sold by a broker-dealer registered under this part; and

          (C)  The units are sold by or on behalf of a sponsor or depositor of the unit investment trust or affiliate of the sponsor or depositor.

[Acts 1999, ch. 74, § 2.]