ARM 6.10.306
ARM 6.10.306
Cite as Mont. Admin. R. 6.10.306
6.10.134 TRANSACTIONAL EXEMPTIONS FOR COOPERATIVE ARSOCIATIONS
(1) A cooperative association organized under another state's laws that are substantially the same as the provisions of Title 35, chapter 15, MCA, is entitled to a transactional exemption from the registration requirements of the Montana Securities Act, provided that the association has furnished the commissioner with a general written description of the security to be offered or sold in Montana. For the purposes of 33-10-105, MCA, the commissioner has determined that the following states' laws authorizing the organization of the corresponding types of cooperative organizations are substantially the same as the provisions of Title 35, chapter 15, MCA:
(a)
Alabama
Incorporated Marketing Associations
(b)
Alaska
Cooperative Corporations
(c)
Arkansas
Agricultural Cooperative Associations
Marketing Associations
(d)
California
Non-profit Cooperative Associations
(e)
Colorado
Cooperative Associations
Cooperative Marketing Associations
(f)
Connecticut
Cooperative Marketing Associations
(g)
Florida
Agricultural Cooperative Marketing Associations
(h)
Georgia
Cooperative Marketing Associations
(i)
Hawaii
Agricultural Cooperative Associations
(j)
Idaho
Cooperative Marketing Associations
(k)
Illinois
Co-operative Corporations
(l)
Indiana
Agricultural Cooperatives
(m)
Iowa
Co-operative Associations
(n)
Kansas
Cooperative Associations
(o)
Kentucky
Cooperative Corporations
(p)
Louisiana
Agricultural Co-operative Associations
(q)
Maine
Cooperative Associations
(r)
Massachusetts
Cooperative Agricultural, Dairy or
Mercantile Associations
(s)
Michigan
Cooperative Associations
(t)
Minnesota
Cooperatives
(u)
Mississippi
Cooperative Marketing Associations
Aquatic Products Marketing Associations
(v)
Missouri
Cooperative Marketing Associations
Commodity Associations
(w)
Nebraska
Cooperative Companies
(x)
Nevada
Cooperative Associations
(y)
New Jersey
Agricultural Cooperatives
(z)
New Mexico
Cooperative Associations
(aa)
New York
Cooperative Corporations
(ab)
North Carolina
Cooperative Associations
(ac)
North Dakota
Cooperative Associations
(ad)
Oklahoma
Cooperative Corporations
Agricultural Marketing Associations
(ae)
Oregon
Cooperative Corporations
(af)
Ohio
Cooperative Corporations
(ag)
Pennsylvania
Cooperative Corporations
(ah)
Rhode Island
Producers' Cooperatives
(ai)
South Carolina
Cooperative Associations
(aj)
South Dakota
Cooperatives
(ak)
Tennessee
Cooperative Marketing Associations
(al)
Texas
Cooperative Corporations
(am)
Utah
Co-operative Associations
(an)
Vermont
Cooperative Associations
(ao)
Virginia
Cooperative Associations
Agricultural Cooperatives Associations
(ap)
Washington
Cooperative Associations
(aq)
West Virginia
Cooperative Associations
(ar)
Wisconsin
Cooperative Associations
Agricultural Associations
(as)
Wyoming
Cooperative Marketing Associations
(2) For the purposes of 30-10-105, MCA, a "general written description" must include:
(a) citation of the state law under which the cooperative is organized;
(b) the type of industry of business in which the cooperative is engaged;
(c) a general description of the offering, including type of security, price, restrictions, if any, on security ownership, and the number of shares to be issued;
(d) the purpose of the security offering; and
(e) a list of states in which the offering will be conducted.