N.Y. Comp. Codes R. & Regs. tit. 13, § 16.4
(b) Prior to formal filing of an application for an exemption on the basis of full registration with the Securities and Exchange Commission, an offeror may submit two copies of his preliminary (“Red Herring”) prospectus, and full exhibit sheets and exhibits filed with that agency, as well as “letters of comment”, as received therefrom, and request comments from the Condominium, Theatre and Syndication Financing Bureau as to the likelihood of the granting of any exemption upon formal application at a later date.
(c) Exhibits and underlying documents to be submitted with proposed prospectus and exemption application.
The issuer should submit all relevant documents and index thereto relating to the offering including the following, where applicable: