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Investment Company Exemption Filing Information NICEI - Wyoming
| Investment Company Exemption Filing Information Form. This is a Wyoming form and can be used in Securities Blue Sky Secretary Of State . |
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INVESTMENT COMPANY EXEMPTION W.S. 17-4-114(a) (xi): FILING INFORMATION 17-4-114. Exemptions from registration and literature filing requirement s. (a) The following securities are exempted from W.S. 17-4-107 and 17-4 -115: (xi) Any security of an investment company registered under the Inve stment company Act of 1940 (15 u.s.c. 80a-1 through 80a-64 provided: (A) The issuer of an open-end management company that offers or sells shares in Wyoming files a notice to claim this exemption and pays an annual fee of one hundred dollars ($100.00) within si xty (60) days of the comp anys fiscal year end; The sponsor of a unit investment trust that sponsors a unit investment (B) trust that offers or sells shares in Wyoming files a notice t o claim this exemption and pays a fee of one hundred dollars ($100.00 ). W.S. 17-4-114(a) (xi) was amended to include an annual exemption fee to be paid by each mutual fund and by each unit investment trust sponsor who desired to offer securities in Wyoming. The legislature opted not to require registration of investment comp any securities. Instead it left investment company securities with an exemption status and impos ed a fee to help support enforcement and securities regulation activities. The attached Notice Of Investment Company Exemption contains the information to be filed annually. The Notice may be submitted in a similar form p repared by the issuer providing it contains the information specified. A check in the amount o $ 100 shall accompany the Notice which has been made payable to the Wyoming Secretary of State. The Notice and fee are due annually on the unit investment trust sponsors fiscal year end or 60 days thereafter. The amendment becomes effective on July 1, 19 93. Mutual funds and unit investment trust sponsors shall file their first notice and pay their fi rst mutual fund fee no later than 60 days following their first fiscal year end occurring after July 1, 19 93. Individual portfolios of mutual funds do not pay $ 100 each unless they are filed separately with the Securities and Exchange Commission using separate registration statement s. A mutual fund shall pay $100 regardless whether it has one portfolio or six, providing the portf olios are registered under the same registration statement with the SEC. Because unit investment trusts issue securities in a continuing series, the legislature required the sponsor of other unit investment trust to pay $100 and not each series o f a trust. When completing the notice, the sponsor shall list the trusts sponsored but not each individual issuance since there may be hundreds of numbered issuances. No prospectuses shall be sent to the Secretary of State with the Notic e and fee. The information on the notice is sufficient to enable the Secretary of State to contact an issuer if the Secretary of State requires a prospectus or other documents. American LegalNet, Inc. www.USCourtForms.com<<<<<<<<<********>>>>>>>>>>>>> 2 NOTICE FILINGS FOR COVERED SECURITIES Section 1. Investment Company Securities. (a) Except as provided in subsection (b), no investment company that is registered under the Investment Company Act of 1940 or that has currently filed a r egistration statement under the Securities Act of 1933 is required to file with the Secretary of State, either prior to the initial offer or after the initial offer in this sta te of a security which is a covered security under Section 18 (b) (2) of the Securities Act of 1 933, a copy of any document which is part of a federal registration statement filed with th e SEC or is part of an amendment to such federal registration statement. (b) An investment company that is registered under the Investment Comp any Act of 1940 or that has filed a registration statement under the Securities Act of 1933 shall, upon receipt of a written request of the Secretary of State and within t he time period set forth in the request, provide a copy of any document identified in the r equest that is part of the federal registration statement filed with the SEC or part of an a mendment to such federal registration statement. (c) Issuers of certain covered securities under section 18 (b) (2) of the Securities Act of 1933 shall make a notice filing with the Secretary of State at th e fund or trust level and pay a fee as follows, but no consent to service of process, registra tion statement, prospectus, amendment, sales literature, annual report or other document shall be filed with the Secretary of State: (i) Open-end investment companies shall make notice filings to the Sec retary of State on Form NF or in the alternative the Notice of Investment Compa ny Exemption form which appears as Appendix A to these rules and pay a fee of $200 up on: (A) an initial filing with the state; and, (B) every other year thereafter on the funds fiscal year end or withi n 60 days grace period of the funds fiscal year end. (ii) Initial notice filings will be effective upon receipt or, if requ ested by the issuer, concurrent with SEC effectiveness. Thereafter, notice filings sh all be made on the funds fiscal year end according to (B) above. (iii) Bi-annual renewals will be effective upon the expiration of the issuers previous fiscal year end even if received prior to that date or within t he 60 days thereafter. American LegalNet, Inc. www.USCourtForms.com<<<<<<<<<********>>>>>>>>>>>>> 3 (iv) Notice filings may be amended by submitting an amended Form NF or in the alternative, a Notice of Investment Company Exemption, to the Sec retary of State. Such amendments shall be effective upon receipt. No fee is payable for a mendments. (v) A notice filed under this section may be terminated by the issuer by providing the Secretary of State with notice by letter of such terminati on and shall be effective upon receipt of such notice. (vi) Unit investment trusts are not required to made notice filings or pay fees. American LegalNet, Inc. www.USCourtForms.com
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