Effective: June 18, 2002
Latest Legislation: Senate Bill 138 - 124th General Assembly
(A) For the purposes of selling securities in this state, except securities that are the subject matter of transactions enumerated in section 1707.03 of the Revised Code, an investment company, as defined by the Investment Company Act of 1940, that is registered or has filed a registration statement with the securities and exchange commission under the Investment Company Act of 1940, shall file the following with the division of securities:
(1) A notice filing consisting of either of the following:
(a) A copy of the investment company's federal registration statement as filed with the securities and exchange commission;
(b) A form U-1 or form NF of the North American securities administrators association.
(2) Appropriate filing fees consisting of both of the following:
(a) A flat fee of one hundred dollars;
(b) A fee calculated at one-tenth of one per cent of the aggregate price at which the securities are to be sold to the public in this state, which calculated fee, however, shall in no case be less than one hundred or more than one thousand dollars.
(B)(1) Upon payment of the maximum filing fees as provided in division (A)(2) of this section, an investment company may sell an indefinite amount of securities in this state.
(2) An investment company making a notice filing as provided in this section shall comply with section 1707.11 of the Revised Code. An investment company that previously filed with the division a valid consent to service of process pursuant to section 1707.11 of the Revised Code may incorporate that consent by reference.
(C)(1) For offerings involving covered securities, as defined in section 18 of the "Securities Act of 1933," 15 U.S.C. 77r, that are not subject to section 1707.02, 1707.03, 1707.04, 1707.06, 1707.08, 1707.09, or 1707.091 of the Revised Code, or division (A) of this section, a notice filing shall be submitted to the division together with a consent to service of process pursuant to section 1707.11 of the Revised Code and a filing fee as provided in division (A)(2) of this section.
(2) The notice filing described in division (C)(1) of this section shall consist of any document filed with the securities and exchange commission pursuant to the Securities Act of 1933, together with annual or periodic reports of the value of the securities sold or offered to be sold to persons located in this state.
(D) A notice filing submitted under this section shall be effective for thirteen months.
Structure Ohio Revised Code
Title 17 | Corporations-Partnerships
Section 1707.01 | Securities Definitions.
Section 1707.02 | Exempt Securities.
Section 1707.03 | Exempt Transactions.
Section 1707.04 | Issuance of Securities in Reorganizations.
Section 1707.041 | Control Bids Made Pursuant to Tender Offer or Request or Invitation for Tenders.
Section 1707.042 | Prohibited Acts Relating to Control Bids.
Section 1707.043 | Preventing Manipulative Practices.
Section 1707.05 | Definitions.
Section 1707.051 | Offerings-Securities Registration Exemption.
Section 1707.052 | Offerings-Disclosure to Purchasers.
Section 1707.053 | Offerings-Certification From Purchasers.
Section 1707.054 | Portal Operators-License.
Section 1707.055 | Portal Operators-Prohibited Conduct for Non-Dealer Operators.
Section 1707.056 | Portal Operators-Oversight, Purchase Limits, and Purchaser Privacy.
Section 1707.057 | Portal Operators-Record Keeping Requirements.
Section 1707.058 | Issuers-Disqualification From Registration Exemption.
Section 1707.06 | Transactions Requiring Registration.
Section 1707.08 | Registration by Description.
Section 1707.09 | Registration by Qualification.
Section 1707.091 | Registration by Coordination.
Section 1707.092 | Notice Filings.
Section 1707.093 | Electronic Filings.
Section 1707.10 | Provisional Registration by Qualification.
Section 1707.11 | Consent to Service.
Section 1707.12 | Documents Open to Inspection.
Section 1707.13 | Suspension and Revocation of Registration.
Section 1707.131 | Refusing Registration.
Section 1707.14 | Dealer's License.
Section 1707.141 | Investment Adviser's License Required - Exceptions - Notice Filing Requirement.
Section 1707.142 | Compliance With Federal Laws - Federal Documents to Be Filed With Division.
Section 1707.15 | Applying for Dealer's License.
Section 1707.151 | Application for and Issuance of Investment Adviser's License.
Section 1707.16 | Application for and Issuance of Salesperson's License.
Section 1707.162 | State Retirement System Investment Adviser License Required.
Section 1707.164 | Bureau Chief Investment Officer - Securities License Required.
Section 1707.165 | Application for Bureau Chief Investment Officer - Investigation - Examination.
Section 1707.17 | Renewal - License Fees.
Section 1707.18 | Application for Transfer of License.
Section 1707.19 | Refusal, Suspension, and Revocation of License.
Section 1707.20 | Adopting, Amending, and Rescinding Rules, Forms, and Orders.
Section 1707.201 | Federal Provisions.
Section 1707.21 | Registration Statement May Be Filed With Securities and Exchange Commission.
Section 1707.22 | Appeals - Effect of Order.
Section 1707.23 | Division of Securities - Enforcement Powers.
Section 1707.24 | Contempt Proceedings.
Section 1707.26 | Injunction Against Violations.
Section 1707.261 | Director's Request for Restitution or Rescission.
Section 1707.27 | Appointment of Receiver.
Section 1707.28 | Statute of Limitations.
Section 1707.29 | Presumption of Knowledge.
Section 1707.30 | Certificate of Division as Evidence.
Section 1707.31 | Certified Copies as Evidence.
Section 1707.32 | Insurance Securities.
Section 1707.34 | Warehouse Receipts for Intoxicating Liquor.
Section 1707.35 | Securities Authorized Before July 22, 1929.
Section 1707.36 | Attorney-Inspector - Control-Bid Attorneys.
Section 1707.37 | Division of Securities Fund.
Section 1707.38 | Effect of Violation on Validity of Security.
Section 1707.39 | Qualification of Securities Sold Without Compliance.
Section 1707.391 | Late Applications.
Section 1707.40 | Civil Liabilities.
Section 1707.41 | Civil Liability of Seller for Fraud.
Section 1707.42 | Civil Liability of Adviser.
Section 1707.43 | Remedies of Purchaser in Unlawful Sale.
Section 1707.431 | Claiming Exemption for Publicly Advertised Meeting.
Section 1707.44 | Prohibited Acts.
Section 1707.45 | Burden of Proof.
Section 1707.46 | Duties of Commissioner of Securities.
Section 1707.47 | Ohio Investor Recovery Fund.
Section 1707.471 | Restitution Assistance Awards From Ohio Investor Recovery Fund.
Section 1707.48 | Division of Securities to Retain Documents and Records or Copies.
Section 1707.49 | Reporting Elder Financial Exploitation.
Section 1707.50 | Violations, Penalties, and Private Rights of Action.