6 Del. Admin. Code § 200-D-401

Current through Register Vol. 28, No. 5, November 1, 2024

Section 200-D-401 - Registration by Qualification

(a) Any security may be registered by qualification. A person who seeks to register a security by qualification shall file with the Unit the following documents and information:

(1) A completed application Form U-1, Uniform Application to Register Securities;

(2) An irrevocable consent appointing the Investor Protection Director agent for the service of process, executed by the issuer on Form U-2, Uniform Consent to Service of Process;

(3) One copy of an executed registration statement which complies with SEC Form S-1, together with all exhibits, which shall include all information required under Sections73-204(b)(1)-(16) and 73-205(b) of the Act. For securities offerings pursuant to Tier 1 of Regulation A for which Form 1-A has been filed with the SEC, filing a copy of Form 1-A with the Unit will satisfy the registration statement filing requirement.

(4) One copy of the prospectus which is to be provided to offerees under Section 73-204(d) of the Act;

(5) The appropriate filing fee as determined under Rule 404; and

(6) Any other document or information requested by the Unit.

(b) Unless otherwise ordered by the Director, the prospectus which is sent or given to each person to whom an offer is made shall contain all the information contained in the registration statement filed with the Unit under subsection (a) of this Rule. The prospectus shall be written in plain English and presented in a format that is clear and easy to understand, with appropriate headings and subheadings.

(c) An application for registration by qualification shall become effective in Delaware when so ordered by the Director provided no order has been issued pursuant to Section73-206 of the Act.

6 Del. Admin. Code § 200-D-401

15 DE Reg. 529 (10/01/11)
18 DE Reg. 394 (11/1/2014)
20 DE Reg. 728 (3/1/2017) (Final)