Procedure with Respect to Abandoned Applications

Procedure with Respect to Abandoned Applications. If a deficient application has been on file with the Division for a period of one hundred twenty (120) days and the applicant has not taken corrective measures to cure the deficiency, the Division shall proceed in the following manner to determine whether the application has been abandoned by the applicant: A. A Notice of Abandonment in the form of a letter will be sent to the applicant or its representative, addressed to the most recent address for the applicant or its representative. The Notice will inform the applicant that the application is deficient and must be justified, amended, or completed to comply with the applicable requirements of the Act or must be withdrawn. B. If the applicant fails to respond to such Notice within thirty (30) days from the date of the Notice, the Division may declare the application abandoned. C. The applicant may request, in writing, reinstatement of an abandoned application, and this request shall set forth the grounds upon which the applicant seeks reinstatement. D. When the Division declares an application abandoned, all papers comprising the application, with the exception of the application form and correspondence, may be removed from the files of the Securities Division. No portion of the applicable filing fee shall be refunded. E. If the application has been amended, other than for the purpose of delaying the registration thereof, the one hundred twenty (120) day period shall be computed from the date of the latest such amendment.