(815 ILCS 5/2a)
Sec. 2a.
Notification filing requirements of issuers of any covered
security and payment of fees. All issuers of any covered security (except any
security listed or authorized for listing on the New York Stock Exchange or
American Stock Exchange or listed on the National Market System of the Nasdaq
Stock Market (or any successor to such entities), or listed or authorized for
listing on a
national securities exchange (or tier or segment thereof) that has listing
standards that the federal Securities and Exchange Commission by rule (on its
own initiative or on the basis of petition) has determined are substantially
similar to the
listing standards applicable to any security described in this Section, or is a
security of the same issuer that is equal in seniority or that is a senior
security described in this Section) shall annually file a notification with the
Secretary of State in such form and manner as prescribed by rule or order and
pay the notification filing fee established under Section 11a of this Act
which shall not be returnable in any event.
Anything in this Act to the contrary notwithstanding,
until October 10, 1999 or other date as may be legally permissible,
the refusal to file the notification or pay the fee by an issuer of any covered
security (except issuers of securities which are being
sold under Regulation D, Section 506 of the Federal 1933 Act) after
written notice by the Secretary of State (which may be by United States Postal
Service, facsimile or electronic transmission or other similar means),
shall require the issuer or his, her, or its
designee to file an application for registration with the Secretary of State
under subsection A or B of Section 5, 6, or 7 of this Act and pay the
registration fee established under Section 11a of this Act which shall
not be returnable in any event. The failure to file any such notification
shall constitute a violation of subsection D of Section 12 of this Act, subject
to the penalties enumerated in Section 14 of this Act. The civil remedies
provided for in subsection A of Section 13 of this Act and the civil remedies
of rescission and appointment of a receiver, conservator, ancillary receiver,
or ancillary conservator provided for in subsection F of Section 13 of this Act
shall not be available against any person by reason of the failure to file any
such notification or to pay the notification fee.
(Source: P.A. 90-70, eff. 7-8-97.)
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