ARSD 20:08:07:42. Notice filing requirement for Regulation A - Tier 2 offering

The following provisions apply to offerings made under Tier 2 of federal Regulation A and Section 18(b)(3) of the Securities Act of 1933: (1) An issuer planning to offer and sell securities in this state in an offering exempt under Tier 2 of federal Regulation A shall submit the following at least twenty-one calendar days prior to the initial sale in this state: (a) A completed Regulation A - Tier 2 notice filing form or copies of all documents filed with the Securities and Exchange Commission; (b) A consent to service of process on Form U-2 if not filing on the Regulation A - Tier 2 notice filing form; and (c) The filing fee prescribed by SDCL 47-31B-302(e); (2) The initial notice filing is effective for twelve months from the date of the filing with this state; and (3) For each additional twelve-month period in which the same offering is continued, an issuer conducting a Tier 2 offering under federal Regulation A must renew its notice filing by filing the following on or before the expiration of the notice filing: (a) The Regulation A - Tier 2 notice filing form marked "renewal"; (b) A cover letter requesting renewal; and (c) The filing fee prescribed by SDCL 47-31B-302(e).