SEC. 75-71-408. [Filing of federal covered securities.]

 (1) The Secretary of State, by rule or otherwise, may require the filing of any or all of the following documents with respect to a covered security under Section 18(b)(2) of the Securities Act of 1933:

 (a) Prior to the initial offer of such federal covered security in this state, all documents that are part of a federal registration statement filed with the United States Securities and Exchange Commission under the Securities Act of 1933, together with a consent to service of process signed by the issuer and with the filing fee calculated in the manner provided in Section 75-71-409.

 (b) After the initial offer of such federal covered security in this state, all documents that are part of an amendment to a federal registration statement filed with the United States Securities and Exchange Commission under the Securities Act of 1933, which shall be filed concurrently with the Secretary of State.

 (c) An annual or periodic report of the value of such federal covered securities offered or sold in this state, together with the report fee set forth in Section 75-71-421 and a filing fee calculated in the manner provided in Section 75-71-409.

 (2) With respect to any security that is a covered security under Section 18(b)(4)(D) of the Securities Act of 1933, the Secretary of State, by rule or otherwise, may require the issuer to file a notice on SEC Form D and a consent to service of process signed by the issuer no later than fifteen (15) days after the first sale of such covered security in this state, together with a filing fee to be set by rule.

 (3) The Secretary of State, by rule or otherwise, may require the filing of any document filed with the United States Securities and Exchange Commission under the Securities Act of 1933, with respect to a covered security under Section 18(b)(3) or (4) of the Securities Act of 1933, together with a filing fee to be set by rule.

 (4) The Secretary of State may issue an order suspending the offer and sale of a covered security, except a covered security under Section 18(b)(1) of the Securities Act of 1933, if he finds that: (1) the order is in the public interest and (2) there is a failure to comply with any condition established under this section.

 (5) The Secretary of State, by rule or otherwise, may waive any or all of the provisions of this section, except for fees.

 (6) Notwithstanding the foregoing, until October 10, 1999, the Secretary of State may require the registration of any federal covered security if the issuer fails to promptly pay the fees required by this chapter or rule promulgated under this chapter.

SOURCES: 1997 Laws, Chapter 480, Sec. 13, HB1124, Effective March 27, 1997.