Ohio Revised Code
Chapter 1707 | Securities
Section 1707.39 | Qualification of Securities Sold Without Compliance.

Effective: March 31, 2021
Latest Legislation: House Bill 312 - 133rd General Assembly
When any securities have been sold without compliance with sections 1707.01 to 1707.50 of the Revised Code, or any former law in force at the time of such sale, any interested person may apply in writing to the division of securities for the qualification of such securities under such sections. If it appears to the division that no person has been defrauded, prejudiced, or damaged by such noncompliance or sale and that no person will be defrauded, prejudiced, or damaged by such qualification, the division may permit such securities to be so qualified upon the payment of a fee of one hundred dollars plus a fee of one-fifth of one per cent of the aggregate price at which the securities have been sold in this state, which fee shall in no case be less than one hundred dollars nor more than two thousand dollars. In addition, the division may require the applicant to advance sufficient funds to pay the actual expenses of an examination or investigation by the division, whether to be conducted in this state or outside this state. An itemized statement of such expenses shall be furnished to the applicant.
Such qualification shall estop the division from proceeding under division (D) of section 1707.23 of the Revised Code against anyone who has violated division (C)(1) of section 1707.44 of the Revised Code for acts within the scope of the application, or from proceeding with administrative action pursuant to section 1707.13 of the Revised Code.

Structure Ohio Revised Code

Ohio Revised Code

Title 17 | Corporations-Partnerships

Chapter 1707 | Securities

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 1707.161 | Investment Adviser Representative's License Required - Exceptions - Application for and Issuance of Investment Adviser Representative's License.

Section 1707.162 | State Retirement System Investment Adviser License Required.

Section 1707.163 | Application for and Issuance of State Retirement System Investment Adviser License.

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 1707.25 | Injunction Against Issuance, Sale, Acting as an Investment Adviser or Acting as an Investment Adviser Representative.

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.

Section 1707.99 | Penalty.