- (a) Cash Flow Statement of Program. As part of the prospectus, if the program has been formed and owns assets, a cash flow statement, which may be unaudited, for the program for each of the last three fiscal years of the program (or for life of the program, if less) and unaudited statements for any interim period between the end of the latest fiscal year and the date of the balance sheet furnished, and for the corresponding interim period of the preceding years.
- (b) Balance Sheet of Program. As part of the prospectus, a balance sheet of the program as of the end of its most recent fiscal year prepared in accordance with generally accepted accounting principles and accompanied by an auditor's report containing an unqualified opinion of an independent certified public accountant or independent public accountant, and an unaudited balance sheet as of a date not more than ninety days prior to the date of filing.
- (c) Statements of Income, Partners' Equity, and Changes in Financial Position of Program. As part of the prospectus, if the program has been formed and owns assets, statements of income, statements of partners' equity, and statements of changes in financial position for the program for each of the last three fiscal years of the program (or for the life of the program, if less), all of which statements shall be prepared in accordance with generally accepted accounting principles and accompanied by an auditor's report containing an unqualified opinion of an independent certified public accountant or independent public accountant, and unaudited statements for any interim period ending not more than ninety days prior to the date of filing an application.
(d) Balance Sheet of General Partner.
- (1) Corporate General Partner. A balance sheet of any corporate general partners as of the end of their most recent fiscal year, prepared in accordance with generally accepted accounting principles and accompanied by an auditor's report containing an unqualified opinion of an independent certified public accountant or independent public accountant, and an unaudited balance sheet as of a date not more than ninety days prior to the date of filing. Such statements shall be included in the prospectus.
- (2) Other General Partners. A balance sheet for each noncorporate general partner (including individual partners or individual joint venturers of a sponsor) as of a time not more than ninety days prior to the date of filing an application; such balance sheet, which may be unaudited should conform to generally accepted accounting principles and shall be signed and sworn to by such general partners. A representation of the amount of such net worth must be included in the prospectus.
- (e) Statements of Income for Corporate General Partners. A statement of income for the last fiscal year of any corporate general partner (or for the life of the corporate general partner, if less) prepared in accordance with generally accepted accounting principles and accompanied by an auditor's report containing an unqualified opinion of an independent certified public accountant or independent public accountant, and an unaudited statement for any interim period ending not more than ninety days prior to the date of filing an application. The inclusion of such statements in the prospectus shall be at the discretion of the Commissioner.
- (f) Filing of Other Statements. Upon request by an applicant, the Commissioner may, where consistent with the protection of investors, permit the omission of one or more of the statements required under this Section and the filing, in substitution thereof, of appropriate statements verifying financial information having comparable relevance to an investor in determining whether he should invest in the program.
The sponsor or the program shall provide as an exhibit to the application or where indicated below shall provide as part of the prospectus, the following financial information and financial statements:
Note: Authority cited: Section 25610, Corporations Code. Reference: Section 25140, Corporations Code.
History
1. Editorial correction adding Note filed 11-8-82 (Register 82, No. 46).