Applications
to register convertible securities, assessment options, warrants, or other rights to
subscribe to securities
The
procedures set forth herein are intended to facilitate preparation of applications to
register the above-referenced securities. Such applications should be made in accordance
with the following:
1. Convertible
Securities. A sale or offer for sale of a convertible security is deemed to be an
offer to sell the security into which it may be converted (A.R.S. §44-1801(8)). Hence,
application must be made to register both the convertible security and the security into
which it may be converted. The fee for registration is based on the aggregate amount of
the convertible security to be registered.
The registration of securities to be acquired
pursuant to the conversion must be effective at the time of exchange unless an exemption
from A.R.S. §44-1841 is available.
2. Rights to
Subscribe/Warrants. A sale or offer for sale of a right to subscribe, option, warrant,
or other similar right (collectively right) is deemed to be an offer to sell
the security underlying such right (A.R.S. §44-1801(8)). Hence, application must be made
to register both the right and the underlying security. The fee for registration is based
on the aggregate amount of the rights and the underlying securities.
The registration of the underlying securities must
be effective at the time the right is exercised unless an exemption from
A.R.S. §44-1841
is available.
3. Assessments.
A sale or offer for sale of securities which are assessable is deemed to be an offer to
sell the assessments as a separate security. Hence, application must be made to register
both the security and the assessment. The fee for registration is based on the aggregate
amount of the security and the assessment.
The
registration of the assessment must be effective at the time it is called, unless an
exemption from A.R.S. §44-1841 is available.