69W-700.004. Circulation of Preliminary Prospectuses  


Effective on Tuesday, October 1, 2024
  • 1(1) The provisions of Section 6517.07, F.S., 8requiring compliance with the registration requirements of the Florida Securities and Investor Protection Act, if applicable, prior to the offer or sale of securities in Florida, shall not be deemed to prevent the use of a preliminary prospectus provided:

    47(a) An application to register the securities offered is pending before the Office of Financial Regulation pursuant to Section 66517.081, F.S.;

    68(b) The outside front cover page of such prospectus shall bear in red ink, the caption “Preliminary Prospectus,” the date of issuance, and the following statement printed in bold face type: “A REGISTRATION STATEMENT RELATING TO THESE SECURITIES HAS BEEN FILED WITH THE OFFICE OF FINANCIAL REGULATION, BUT HAS NOT YET BECOME EFFECTIVE. INFORMATION CONTAINED HEREIN IS SUBJECT TO COMPLETION OR AMENDMENT. THESE SECURITIES MAY NOT BE SOLD NOR MAY OFFERS TO BUY BE ACCEPTED PRIOR TO THE TIME THE REGISTRATION BECOMES EFFECTIVE. THIS PROSPECTUS SHALL NOT CONSTITUTE AN OFFER TO SELL OR THE SOLICITATION OF AN OFFER TO BUY.”

    169(c) The Preliminary Prospectus is substantially in compliance with the provisions of Rule 18269W-700.003, 183F.A.C., provided the Office of Financial Regulation has authorized in writing such circulation prior to registration; and,

    200(d) A prospectus which is substantially the same as the offering circular contained in the definitive registration statement accepted by the Office of Financial Regulation to accomplish registration shall be supplied to the purchaser in compliance with subsections 23869W-700.002(3)-239(10), F.A.C.

    241(2) The provisions of Section 246517.07, F.S., 248requiring compliance with the registration requirements of the Florida Securities and Investor Protection Act, if applicable, prior to the offer or sale of securities in Florida, shall not be deemed to prevent the use of a preliminary offering circular, if designated as such, which has been previously filed with the Office of Financial Regulation in connection with an application for registration of securities; provided, however, an offering circular which is substantially the same as the offering circular contained in the definitive registration statement accepted by the Office of Financial Regulation to accomplish filing requirements of such securities shall be supplied to the purchaser of such securities not later than the time of sale of the securities.

    364Rulemaking Authority 366517.03(1) FS. 368Law Implemented 370517.081(3) FS. 372History–New 9-20-82, Formerly 3E-20.02, 3E-700.04, Amended 10-26-97, Formerly 3E-700.004, Amended 10-4-24.