Effective - 01 Sep 2003
409.3-303. Securities registration by coordination. — (a) A security for which a registration statement has been filed under the Securities Act of 1933 in connection with the same offering may be registered by coordination under this section.
(b) A registration statement and accompanying records under this section must contain or be accompanied by the following records in addition to the information specified in section 409.3-305 and a consent to service of process complying with section 409.6-611:
(1) A copy of the latest form of prospectus filed under the Securities Act of 1933;
(2) A copy of the articles of incorporation and bylaws or their substantial equivalents currently in effect; a copy of any agreement with or among underwriters; a copy of any indenture or other instrument governing the issuance of the security to be registered; and a specimen, copy, or description of the security that is required by rule adopted or order issued under this act;
(3) Copies of any other information or any other records filed by the issuer under the Securities Act of 1933 requested by the commissioner; and
(4) An undertaking to forward each amendment to the federal prospectus, other than an amendment that delays the effective date of the registration statement, promptly after it is filed with the Securities and Exchange Commission.
(c) A registration statement under this section becomes effective simultaneously with or subsequent to the federal registration statement when all the following conditions are satisfied:
(1) A stop order under subsection (d) or section 409.3-306 or issued by the Securities and Exchange Commission is not in effect and a proceeding is not pending against the issuer under section 409.3-306; and
(2) The registration statement has been on file for at least twenty days or a shorter period provided by rule adopted or order issued under this act.
(d) The registrant shall promptly notify the commissioner in a record of the date when the federal registration statement becomes effective and the content of any price amendment and shall promptly file a record containing the price amendment. If the notice is not timely received, the commissioner may issue a stop order, without prior notice or hearing, retroactively denying effectiveness to the registration statement or suspending its effectiveness until compliance with this section. The commissioner shall promptly notify the registrant of an order by telegram, telephone, or electronic means and promptly confirm this notice by a record. If the registrant subsequently complies with the notice requirements of this section, the stop order is void as of the date of its issuance.
(e) If the federal registration statement becomes effective before each of the conditions in this section is satisfied or is waived by the commissioner, the registration statement is automatically effective under this act when all the conditions are satisfied or waived. If the registrant notifies the commissioner of the date when the federal registration statement is expected to become effective, the commissioner shall promptly notify the registrant by telegram, telephone, or electronic means and promptly confirm this notice by a record, indicating whether all the conditions are satisfied or waived and whether the commissioner intends the institution of a proceeding under section 409.3-306. The notice by the commissioner does not preclude the institution of such a proceeding.
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(L. 2003 H.B. 380)
Effective 9-01-03
Structure Missouri Revised Statutes
Title XXVI - Trade and Commerce
Chapter 409 - Regulation of Securities
Section 409.108 - Tampering with securities documents or impeding investigations prohibited.
Section 409.111 - Commissioner of securities may investigate violations.
Section 409.112 - Commissioner of securities may seek relief for violations, when.
Section 409.113 - Commissioner of securities may issue orders, when.
Section 409.114 - Duties and powers of commissioner of securities.
Section 409.500 - Short title.
Section 409.506 - Definitions.
Section 409.516 - Registration statement, contents — material changes, notice to commissioner, how.
Section 409.521 - Commissioner may make investigations, seek injunctions, when.
Section 409.531 - Commissioner may promulgate rules, establish fees.
Section 409.536 - Attorney general may prosecute, how.
Section 409.546 - Fraudulent practices not allowed, solicitation of offerees.
Section 409.556 - Construction of statutes.
Section 409.561 - Additional requirements, when applicable.
Section 409.566 - Unlawful practices, offeree may bring suit, damages, attorney fees.
Section 409.600 - Citation of law.
Section 409.605 - Definitions.
Section 409.610 - Financial exploitation, notification of agencies and family members.
Section 409.615 - Refusal of request for disbursement or transaction, when — expiration.
Section 409.620 - Immunity from liability, when.
Section 409.625 - Records, provided to agencies or law enforcement, when.
Section 409.630 - Website for training resources to prevent and detect financial exploitation.
Section 409.800 - Definitions.
Section 409.803 - Prohibited contracts — exemptions.
Section 409.806 - Exempt transaction — rules, generally, this chapter, procedure.
Section 409.808 - Commodity merchants — license required, boards of trade — designation required.
Section 409.810 - Prohibited acts.
Section 409.813 - Principals, agents, joint and several liability — when.
Section 409.816 - Applicability of other laws.
Section 409.818 - Intent of law.
Section 409.820 - Investigations by commissioner, subpoena powers — judicial enforcement.
Section 409.823 - Violations — powers of commissioner.
Section 409.826 - Violations of domestic or foreign laws, rules — legal and equitable remedies.
Section 409.830 - Insiders — restricted use of information, data to be public, exceptions.
Section 409.833 - Cooperation with other jurisdictions, agencies.
Section 409.836 - General authority of commissioner.
Section 409.838 - Service of process, appointment of commissioner as agent for service.
Section 409.843 - Administrative procedure, notice of intent, summary order, notice, hearing.
Section 409.846 - Judicial review of commissioner's orders — procedure — standard of review.
Section 409.848 - Exemptions — burden of proof.
Section 409.850 - Broker-dealers, sales representatives — applications for licenses — fees.
Section 409.853 - Examinations.
Section 409.860 - Records — examination without notice — fees.
Section 409.863 - Licenses — denial, suspension, revocation, limitations, cancellation — grounds.
Section 409.1000 - Business opportunities — definitions.
Section 409.1003 - Practices prohibited — penalty.
Section 409.1006 - Civil remedies.
Section 409.1-101 - Short title.
Section 409.1-102 - Definitions.
Section 409.1-103 - References to federal statutes.
Section 409.1-104 - References to federal agencies.
Section 409.1-105 - Electronic records and signatures.
Section 409.2-201 - Exempt securities.
Section 409.2-202 - Exempt transactions.
Section 409.2-203 - Additional exemptions and waivers.
Section 409.2-204 - Denial, suspension, revocation, condition, or limitation of exemptions.
Section 409.3-301 - Securities registration requirement.
Section 409.3-302 - Notice filing.
Section 409.3-303 - Securities registration by coordination.
Section 409.3-304 - Securities registration by qualification.
Section 409.3-305 - Securities registration filings.
Section 409.3-306 - Denial, suspension, and revocation of securities registration.
Section 409.3-307 - Waiver and modification.
Section 409.4-401 - Broker-dealer registration requirement and exemptions.
Section 409.4-402 - Agent registration requirement and exemptions.
Section 409.4-403 - Investment adviser registration requirement and exemptions.
Section 409.4-404 - Investment adviser representative registration requirement and exemptions.
Section 409.4-405 - Federal covered investment adviser notice filing requirement.
Section 409.4-407 - Succession and change in registration of broker-dealer or investment adviser.
Section 409.4-410 - Filing fees.
Section 409.4-411 - Postregistration requirements.
Section 409.5-501 - General fraud.
Section 409.5-502 - Prohibited conduct in providing investment advice.
Section 409.5-503 - Evidentiary burden.
Section 409.5-504 - Filing of sales and advertising literature.
Section 409.5-505 - Misleading filings.
Section 409.5-506 - Misrepresentations concerning registration or exemption.
Section 409.5-507 - Qualified immunity.
Section 409.5-508 - Criminal penalties.
Section 409.5-509 - Civil liability.
Section 409.5-510 - Rescission offers.
Section 409.6-601 - Administration.
Section 409.6-602 - Investigations and subpoenas.
Section 409.6-603 - Civil enforcement.
Section 409.6-604 - Administrative enforcement.
Section 409.6-605 - Rules, forms, orders, interpretive opinions, and hearings.
Section 409.6-606 - Administrative files and opinions.
Section 409.6-607 - Public records; confidentiality.
Section 409.6-608 - Uniformity and cooperation with other agencies.
Section 409.6-609 - Judicial review.
Section 409.6-610 - Jurisdiction.
Section 409.6-611 - Service of process.
Section 409.6-612 - Severability clause.
Section 409.7-701 - Effective date.
Section 409.7-703 - Application of act to existing proceedings and existing rights and duties.