Page 55 - Akerman | 2016 Guide to Doing Business in Florida
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$1,000 per application.  An application for notification registration or shelf filing may be
                                 filed on either Uniform Form U-1 or Florida Form OFR-S-3-91.  As with registrations by
                                 qualification, the Office utilizes the Regulatory Enforcement and Licensing (REAL)
                                 System for the registration of securities offerings by notification.  See Rule 69W-
                                 800.001 for additional filing instructions.

                                 Self-underwritten registered offerings, either by qualification or notification, may require
                                 the issuer to register as a dealer under the Act, and may also require those principals
                                 of the issuer who are involved in the offering and selling of such securities to become
                                 registered under the Act as a registered representative of such issuer, as further
                                 described below.

                   4.3    Exempt Securities

                          Section 517.051 of the Act contains a list of securities that are exempt from the registration
                          requirements under the Act (Section 517.07).  The exemptions are self-executing, thus no filing
                          with the Office is required to claim an exemption, although the burden of proof as to the
                          applicability of the exemption remains on the issuer claiming the exemption.

                          Exempt securities under the Act include the following: (1) certain government securities;
                          (2) certain bank securities; (3) certain railroad and public service utility securities; (4) certain
                          bank, trust company, savings institution, building or savings and loan association, international
                          development bank and credit union securities; (5) certain  securities, other than common stock,
                          providing for a fixed return; (6) certain securities of nonprofit agricultural cooperatives; (7) certain
                          notes, drafts, bills of exchange, or banker’s acceptance; (8) certain securities of not for
                          pecuniary profit institutions; and (9) certain insurance, endowment policies, annuity contracts,
                          optional annuity contracts and self-insurance agreements.  Please note that the foregoing list is
                          qualified in its entirety by the provisions of Section 517.051 of the Act.
                   4.4    Exempt Transactions

                          Section 517.061 of the Act contains a list of transactions that are exempt from the registration
                          requirements under the Act (Section 517.07).  The exemptions are self-executing, thus no filing
                          is required to be made with the Office to claim an exemption, although the burden of proof as
                          to the applicability of the exemption remains on the issuer claiming the exemption.

                          Exempt Transactions under the Act include the following: (1) certain transactions involving a
                          fiduciary; (2) certain transactions involving a pledgee; (3) certain isolated sales or offers of
                          securities; (4) certain corporate, trust, or partnership distributions out of earnings or surplus;
                          (5) certain securities issued to equity security holders or other creditors in the process of a
                          reorganization of a corporation, trust or partnership; (6) certain distributions of the securities of
                          an issuer exclusively among its own security holders; (7) certain institutional investor
                          transactions; (8) certain sales of securities from one corporation to another corporation;
                          (9) certain  offers or sales of securities from one corporation to another corporation, or to
                          security holders thereof, pursuant to a vote or consent of such security holders in connection
                          with mergers, share exchanges, consolidations, or sale of corporate assets; (10) the issuance
                          of certain notes or bonds in connection with the acquisition of real property or renewals thereof;
                          (11) certain offerings to not more than 35 purchasers in a 12-month period; (12) the sale of
                          certain securities by a bank or trust company; (13) certain unsolicited purchases or sales of
                          securities by a dealer registered under  the Act; (14) the offer or sale of certain shares of a
                          corporation which represent ownership of specific apartment units; (15) the offer or sale of


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