Application For Approval Of Public Offering

Application For Approval Of Public Offering. A person applying for approval of a public offering pursuant to this section shall make a full disclosure of all material facts relating thereto to the Executive Director and Commission. To the extent applicable, the application must include the following information: (a) A description of the securities to be offered. (b) The terms upon which the securities are to be offered. (c) The gross and net proceeds of the offering, including a detailed list of expenses. (d) The use of proceeds. (e) The name and address of the lead underwriter and the participating underwriters, if any. (f) The forms of the underwriting agreement, the agreement among underwriters, if any, and the selected dealers agreements, if any. (g) A statement of intended compliance with all applicable federal, state, local and foreign securities laws. (h) The names and addresses of the applicant's general counsel, local counsel, special securities counsel, independent auditors, and any special consultants on the offering. (i) If any securities to be issued are not to be offered to the general public, the names and addresses of the other offerees and the form of the offering thereto. (j) True copies or descriptions of all papers filed with the United States Securities and Exchange Commission and all material communications between the applicant and the United States Securities and Exchange Commission or, if the offering is not subject to the registration requirements of Section 5 of the Federal Securities Act other than by reason of an exemption contained in regulation A adopted pursuant to Section 3 of said Act, copies or description of all papers filed with, and all material communications between the applicant and such other governmental entity charged with securities regulation, if any. A copy of each registration statement and each amendment thereto must be filed with the Executive Director by the end of the next business day after their filing with the United States Securities and Exchange Commission. All other papers required to be included pursuant to this subsection must be filed with the Executive Director as soon as practicable. (Adopted: 09/25/1991.)