Title 808 | Chapter 010 | Regulation 300
808 KAR 10:300.Registration exemptions - pension plans.
Section 1.
(1)
The registration provisions of KRS 292.330 to 292.390 and the notice filing provisions of KRS 292.395 shall not apply to an offer or sale of a security by an issuer pursuant to a written compensatory benefit plan including, without limitation, a purchase, savings, option, bonus, stock appreciation, profit sharing, thrift, incentive, pension or similar plan, or an interest in a plan, if the offer or sale qualifies for the registration exemption of 17 C.F.R. 230.701.(2)
In order to provide an exemption from the registration requirements of KRS 292.330 to 292.390 and from the notice filing provisions of KRS 292.395 for a security issued in an employee compensatory circumstance, this exemption shall not apply to a plan or scheme to circumvent that purpose, including one to raise capital. In those cases, registration or another exemption from registration shall be required.(3)
A filing with the office shall not be necessary to claim the exemption.HISTORY: (23 Ky.R. 2371; Am. 2739; eff. 1-9-97; 24 Ky.R. 2191; 25 Ky.R. 95; eff. 6-25-98; TAm eff. 11-7-2012; Crt eff. 2-27-2020.)
808 KAR 10:300.Registration exemptions - pension plans.
Section 1.
(1)
The registration provisions of KRS 292.330 to 292.390 and the notice filing provisions of KRS 292.395 shall not apply to an offer or sale of a security by an issuer pursuant to a written compensatory benefit plan including, without limitation, a purchase, savings, option, bonus, stock appreciation, profit sharing, thrift, incentive, pension or similar plan, or an interest in a plan, if the offer or sale qualifies for the registration exemption of 17 C.F.R. 230.701.(2)
In order to provide an exemption from the registration requirements of KRS 292.330 to 292.390 and from the notice filing provisions of KRS 292.395 for a security issued in an employee compensatory circumstance, this exemption shall not apply to a plan or scheme to circumvent that purpose, including one to raise capital. In those cases, registration or another exemption from registration shall be required.(3)
A filing with the office shall not be necessary to claim the exemption.HISTORY: (23 Ky.R. 2371; Am. 2739; eff. 1-9-97; 24 Ky.R. 2191; 25 Ky.R. 95; eff. 6-25-98; TAm eff. 11-7-2012; Crt eff. 2-27-2020.)