1985
amendments to Rules R14-4-101--103 of the Securities Division
On
July 18, 1985 certain amendments to the Commission Rules and Regulations went
into effect. Of particular significance to the Regulation Section are the
amendments to A.C.R.R. R14-4-101, R14-4-102 and R14-4-103. * * *
R14-4-101, promulgated pursuant to A.R.S. Section 44-1845, provides an exemption
from the securities and dealer registration requirements where offers and sales
are made to existing employees or security holders and no commission or
remuneration is paid to any person in connection with the distribution or sale
of such securities. The rule previously limited the dollar amount of the
securities to be offered to $50,000; the amendment increased this amount to
$500,000. The exemption is effective for one year.
R14-4-102, also promulgated pursuant to A.R.S. Section 44-1845, provides an
exemption from the securities and dealer registration requirements where offers
and sales are made to ten or fewer persons in Arizona. As amended, the dollar
amount of securities which may
be offered
or sold
pursuant to
such exemption is
increased from $50,000 to $100,000. The amendment also adds a purchaser
suitability requirement whereby the investment will be presumed suitable for the
purchaser if it does not exceed 20 percent of the purchaser’s net worth
(excluding principal residence, furnishings and personal automobiles). The
exemption is effective for one year.
R14-4-103, as amended, no longer requires the filing of advertising and sales
materials used in connection with the sale of investment company shares
registered pursuant to the Investment Company Act of 1940 if such materials meet
the requirements of the Securities and Exchange Commission Rule 156 (17 CFR
230.156).
Securities
Bulletin,
Winter 1986.