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6.10.208    NOTICE FILINGS FOR OFFERINGS OF INVESTMENT COMPANY SECURITIES

(1) A notice filing for a security that is a federal covered security under 18(b) (2) of the Securities Act of 1933 shall consist of the fees required under 30-10-209, MCA, a Form U-2, uniform consent to service of process, unless incorporated by reference by ARM 6.10.150, and either a copy of the issuer's federal registration statement as filed with the securities and exchange commissioner or an originally executed Form NF, uniform notice filing form.

(2) A notice filing under (1) is effective for one year following the date of the commissioner's receipt of the filing.  A notice filing may be renewed by the filing with the commissioner, prior to the expiration date of the notice filing, payment of fees required under 30-10-209, MCA, together with either a current copy of the issuer's federal registration statement or an originally executed Form NF.  A renewed notice filing shall be effective for one year commencing upon the expiration of the notice filing being renewed.

(3) A report detailing the amount of shares sold in this state shall be filed with the commissioner on Form NF within 60 days after the annual expiration of a notice filing.

(4) A notice filing may be amended to increase the amount of shares offered in this state by filing with the commissioner an amended Form NF together with any additional fees required by 30-10-209, MCA.

(5) Except as provided in (6) , an investment company that has elected to file a Form NF in lieu of its federal registration statement is not required to file with the commissioner a copy of any document that is part of a federal registration statement filed with the securities and exchange commissioner or is part of an amendment to a federal registration statement.

(6) An investment company that has filed a Form NF shall file, upon written request of the commissioner and within the time period set forth in the request, a copy of any document identified in the request that is part of the federal registration statement filed with the securities and exchange commission or part of an amendment to a federal registration statement.

History: 30-10-107, MCA; IMP, 30-10-202, 30-10-211, MCA; NEW, 1999 MAR p. 56, Eff. 1/15/99; TRANS, from ARM 6.10.147, 2008 MAR p. 2046, Eff. 9/26/08.

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