1. (1) Except as provided in section (2) of this rule, an issuer offering a security that is a covered security under section 18(b)(3) or (4), other than sections 18(b)(4)(C) or 18(b)(4)(E), of the Securities Act of 1933, as amended, shall:

   1. (a) File a written notice of such offering identifying the issuer and seller if other than the issuer; and
   2. (b) Pay a fee as set in OAR 441-049-1001.

2. (2) An issuer offering a security that is a variable annuity is exempt from notice filing and the fee requirements under ORS 59.049 and OAR 441-049-1001 provided the security is:

   1. (a) A covered security under section 18(b)(4) by virtue of being an exempted security under section 3(a)(8) of the Securities Act of 1933; and
   2. (b) In a form filed with and approved by the Director of the Department of Consumer and Business Services under the Oregon Insurance Code.

Statutory/Other Authority

ORS 59.049 & 17 CFR §227

Statutes/Other Implemented

ORS 59.049

History

FSR 2-2018, amend filed 01/30/2018, effective 02/01/2018
FCS 4-2007, f. 10-11-07, cert. ef. 1-1-08
FCS 1-2004, f. & cert. ef. 5-19-04
FCS 2-2003(Temp), f. & cert. ef. 11-26-03 thru 5-21-04
FCS 3-1998, f. & cert. ef. 7-2-98