(1) Unless otherwise exempt from registration under ORS 59.025 or 59.035, any federal covered security that is subject to section 18(b)(2) of the Securities Act of 1933, as amended, may be offered and sold only upon a filing of a notice with, and the payment of the required fee to, the Director of the Department of Consumer and Business Services. In lieu of the notice, an issuer may file a copy of its registration statement as filed with the Securities and Exchange Commission together with fees required under this subsection. The form of notice shall be prescribed by the director. The director shall set the amount of the fee by rule. The fee is not refundable. The effective date of the notice is the later of the date the notice is received by the director or the date specified by the filer of the notice.
(2) Unless otherwise exempt from registration under ORS 59.025 or 59.035, any federal covered security that is subject to section 18(b)(3) or (4), other than section 18(b)(4)(D), of the Securities Act of 1933, as amended, may be offered and sold only upon a filing of a notice with, and the payment of the required fee to, the director. The form of notice shall be prescribed by the director. The director shall set the fee by rule in an amount per $1,000 of the aggregate price of the securities which are to be offered in this state. The fee is not refundable. The effective date of the notice is the later of the date the notice is received by the director or the date specified by the filer of the notice.
(3) Unless otherwise exempt from registration under ORS 59.025 or 59.035, any federal covered security that is subject to section 18(b)(4)(D) of the Securities Act of 1933, as amended, may be offered and sold only upon a filing of a notice with, and the payment of the required fee to, the director, not later than 15 days after the first sale of such federal covered security in this state. The notice shall be filed on Securities and Exchange Commission Form D or on a form of notice prescribed by the director. The director shall set the fee by rule in an amount per $1,000 of the aggregate price of the securities which are to be offered in this state. The fee is not refundable. The effective date of the notice is the later of the date the notice is received by the director or the date specified by the filer of the notice.
(4)(a) The director shall set the fees described in subsections (1) to (3) of this section in an amount that the director determines is equal as nearly as possible to the national midpoint for similar fees charged by all other state regulatory agencies within the United States responsible for regulating securities.
(b) The director may adjust the amount of a fee described in subsections (1) to (3) of this section every two years to reflect changes in the national midpoint for a similar fee.
(c) In determining the national midpoint for similar fees under this section, the director may consider national midpoints determined by the North American Securities Administrators Association, the National Association of Securities Dealers or the United States Securities and Exchange Commission.
(5) The director may issue an order suspending the offer and sale of a federal covered security if the director finds that there is a failure to comply with any requirement under this section.
(6)(a) The filer of a notice under subsections (1) to (3) of this section shall amend the notice when there is a change in the name of the offering or, in the case of offerings for which notice is filed pursuant to subsection (2) or (3) of this section, when there is an increase in the aggregate price of the securities which are to be offered in this state. There is no fee required for an amendment that does not increase the aggregate offering amount. Notices amending the aggregate offering amount shall include the fee calculated in accordance with subsection (2) or (3) of this section, less amounts previously paid under the prior notice filing, but the fee may not be less than $100. The fee is not refundable.
(b) If an issuer or person sells federal covered securities in this state for a price in excess of the aggregate price for which fees were initially paid under this section, the seller shall pay a fee of three times the difference between the initial fee paid and the fee required under this section for the federal covered securities sold in this state. The additional fee may not be less than $100. The fee is not refundable.
(7) The director, by rule or otherwise, may waive any or all of the provisions of this section. [1997 c.772 §6; 2001 c.104 §15; 2003 c.270 §2; 2003 c.785 §1]
Structure 2021 Oregon Revised Statutes
Volume : 02 - Business Organizations, Commercial Code
Chapter 059 - Securities Regulation
Section 59.015 - Definitions for Oregon Securities Law.
Section 59.025 - Securities exempt from registration.
Section 59.035 - Transactions exempt from registration.
Section 59.045 - Authority of director to deny, withdraw or condition exemptions.
Section 59.049 - Federal covered securities exempt from registration; notice filings; fees; rules.
Section 59.055 - Conditions of offer and sale of securities.
Section 59.065 - Registration procedures; application; fees; rules.
Section 59.070 - Amended registration application; when required; fees.
Section 59.075 - Registration by director; expiration; renewal; fee; rules.
Section 59.085 - Conditions imposed on registration.
Section 59.105 - Denial, suspension or revocation of registration.
Section 59.135 - Fraud and deceit with respect to securities or securities business.
Section 59.145 - Effect of notice filing, registration or license.
Section 59.155 - Director is agent for service of process; manner of service; exceptions.
Section 59.165 - Licensing of broker-dealers, investment advisers and salespersons required; rules.
Section 59.185 - Expiration of license; rules for renewal; change in personnel.
Section 59.195 - Licensees to keep records; inspection; filing of financial reports.
Section 59.215 - Action against applicant or licensee for act or omission of associate; exceptions.
Section 59.245 - Investigations; publicity with respect to violations; cease and desist order.
Section 59.285 - Rules; financial statements.
Section 59.295 - Notice of orders; hearings on orders.
Section 59.305 - Judicial review of orders.
Section 59.315 - Oaths and subpoenas in proceedings before director.
Section 59.325 - Certified copies of documents; fee; effect of certification.
Section 59.335 - Application of certain sections.
Section 59.345 - When offer to sell or buy is made in this state.
Section 59.350 - Treatment of certain transactions.
Section 59.355 - Corporations subject to other laws.
Section 59.480 - Definitions for ORS 59.480 to 59.505.
Section 59.490 - Notifications to third parties.
Section 59.495 - Delay of disbursements; notifications.
Section 59.500 - Limitation on liability.
Section 59.505 - Provision of records to law enforcement and certain state agencies.
Section 59.535 - Definitions for ORS 59.535 to 59.585.
Section 59.570 - Protection of registering entity.
Section 59.575 - Nontestamentary transfer on death.
Section 59.580 - Terms, conditions and forms for registration.
Section 59.585 - Short title; rules of construction.
Section 59.710 - Definitions for ORS 59.710 to 59.830.
Section 59.800 - Pledge or sale by broker-dealer of customer’s securities.
Section 59.820 - Actions against corporation for second violation.
Section 59.991 - Criminal penalties for ORS 59.005 to 59.505 and 59.710 to 59.830; exceptions.
Section 59.995 - Civil penalties for ORS 59.005 to 59.505 and 59.710 to 59.830; exceptions.