Idaho State Statutes - Idaho Attorney Directory

(a) Registration
permitted. A security for which a registration statement has been filed under
the securities act of 1933 in connection with the same offering may be
registered by coordination under this section.
(b) Required records. A registration statement and accompanying records
under this section must contain or be accompanied by the following records in
addition to the information specified in section 30-14-305, Idaho Code, and a
consent to service of process complying with section 30-14-611, Idaho Code:
(1) A copy of the latest form of prospectus filed under the securities
act of 1933;
(2) A copy of the articles of incorporation and bylaws or their
substantial equivalents currently in effect; a copy of any agreement with
or among underwriters; a copy of any indenture or other instrument
governing the issuance of the security to be registered; and a specimen,
copy or description of the security that is required by any rule adopted
or an order issued under this chapter;
(3) Copies of any other information or any other records filed by the
issuer under the securities act of 1933 requested by the administrator;
and
(4) An undertaking to forward each amendment to the federal prospectus,
other than an amendment that delays the effective date of the registration
statement, promptly after it is filed with the securities and exchange
commission.
(c) Conditions for effectiveness of registration statement. A
registration statement under this section becomes effective simultaneously
with or subsequent to the federal registration statement when all the
following conditions are satisfied:
(1) A stop order issued pursuant to subsection (d) of this section or
section 30-14-306, Idaho Code, or issued by the securities and exchange
commission, is not in effect and a proceeding is not pending against the
issuer under section 30-14-306, Idaho Code, and the administrator has not
given written notice of deficiencies that are unresolved and that would
constitute grounds for a stop order under section 30-14-306, Idaho Code;
and
(2) The registration statement has been on file for at least twenty (20)
days or a shorter period provided by a rule adopted or an order issued
under this chapter.
(d) Notice of federal registration statement effectiveness. The
registrant shall promptly notify the administrator in a record of the date
when the federal registration statement becomes effective and the content of
any price amendment and shall promptly file a record containing the price
amendment. If the notice is not timely received, the administrator may issue a
stop order, without prior notice or hearing, retroactively denying
effectiveness to the registration statement or suspending its effectiveness
until compliance with this section. The administrator shall promptly notify
the registrant of an order by telegram, telephone or electronic means and
shall promptly confirm this notice by a record. If the registrant subsequently
complies with the notice requirements of this section, the stop order is void
as of the date of its issuance.
(e) Effectiveness of registration statement. If the federal registration
statement becomes effective before each of the conditions in this section is
satisfied or is waived by the administrator, the registration statement is
automatically effective under this chapter when all the conditions are
satisfied or waived. If the registrant notifies the administrator of the date
when the federal registration statement is expected to become effective, the
administrator shall promptly notify the registrant by telegram, telephone or
electronic means and shall promptly confirm this notice by a record,
indicating whether all the conditions are satisfied or waived and whether the
administrator intends the institution of a proceeding under section 30-14-306,
Idaho Code. The notice by the administrator does not preclude the institution
of such a proceeding.

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