Mo. Code Regs. Ann. tit. 15, § 30-54.160
Offers to Existing Security Holders Exemption
Effective Dec 31, 1975sections 409.402(b)(11) and 409.413(a), RSMo 1986.* Original rule 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(b)(11), RSMo 1967, amended 1977, 1978, 1986 and 409.413(a), RSMo 1967Secretary of State
PURPOSE: This rule prescribes policies and procedures applicable to the availability to the issuer of securities of transactional exemptions in the case of offers to existing security holders.
- (1) The offer pursuant to which any transaction may be eligible for the exemption specified in section 409.402(b)(11) of the Missouri Uniform Securities Act (the Act), without the written approval of the commissioner, shall not include offers which, separately or in conjunction with any prior or subsequent transactions, violate or have violated any provisions of the Act.
- (2) Any notice filed pursuant to section 409.402(b)(11)(B) of the Act shall include a description of the method by which full disclosure of material facts will be made to each offeree (sections 409.101 and 409.411(a)(2), RSMo) and shall be accompanied by the consent to service of process (Forms S-B, U-2 and U-2A) required by section 409.415(g) of the Act and the fee prescribed in 15 CSR 30- 50.030(2)(E).
AUTHORITY: sections 409.402(b)(11) and 409.413(a), RSMo 1986.* Original rule 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(b)(11), RSMo 1967, amended 1977, 1978, 1986 and 409.413(a), RSMo 1967.