PURPOSE: This rule prescribes policies and procedures applicable to the exemption of investment contracts issued in connection with certain employees’ benefit plans.

1. (1) The notification in writing to the commissioner pursuant to section 409.402(a)(11) of the Missouri Uniform Securities Act (the Act) shall consist of the following:

   1. (A) A copy of the plan or an accurate summary of the plan;
   2. (B) A description of the method by which full disclosure of the material facts will be made (sections 409.101 and 409.411(a)(2), RSMo);
   3. (C) Copies of any supplemental advertising material;
   4. (D) A statement of any options or grants which have been made to date under the plan;
   5. (E) Consent to service of process (Form S- B or U-2) required by section 409.415(g) of the Act; and
   6. (F) An assurance that the commissioner will be notified of any material change or amendment to the plan. The notice clearly 15 CSR 30-54

shall indicate the changes by a marked copy of the plan.

1. (2) Employee stock option plans are considered eligible for the exemption of section 409.402(a)(11) of the Act.
2. (3) Noncontributory plans are not considered to involve an investment contract within the meaning of sections 409.401(1) and 409.402(a)(11) of the Act.
3. (4) The notification shall be accompanied by the fee prescribed in 15 CSR 30- 50.030(2)(E).

AUTHORITY: sections 409.402(a)(11) and 409.413(a), RSMo 1986.* Original rule filed June 25, 1968, effective Aug. 1, 1968. Amended: Filed May 21, 1969, effective Aug. 1, 1969. Amended: Filed July 21, 1972, effective Aug. 1, 1972. Amended: Filed March 21, 1974, effective April 1, 1974. Amended: Filed Nov. 15, 1974, effective Nov. 25, 1974. Amended: Filed Dec. 19, 1975, effective Dec. 31, 1975.

*Original authority: 409.402(a)(11), RSMo 1967, amended 1977, 1978, 1986 and 409.413(a), RSMo 1967.