R156-38a-301b. Event Necessitating Registration - Name Change by Qualified Beneficiary - Reorganization of Registrant's Business Type - Transferability of Registration  


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  • (1) Any change in entity status by a registrant requires registration with the Fund by the new or surviving entity before that entity is a qualified beneficiary.

    (2) The following constitute a change of entity status for purposes of Subsection (1):

    (a) creation of a new legal entity as a successor or related-party entity of the registrant;

    (b) change from one form of legal entity to another by the registrant; or

    (c) merger or other similar transaction wherein the existing registrant is acquired by or assumed into another entity and no longer conducts business as its own legal entity.

    (3) A qualified beneficiary registrant shall notify the Division in writing of a name change within 30 days of the change becoming effective. The notice shall provide the following:

    (a) the registrant's prior name;

    (b) the registrant's new name;

    (c) the registrant's registration number; and

    (d) proof of registration with the Division of Corporations and Commercial Code as required by state law.

    (4) A registration shall not be transferred, lent, borrowed, sold, exchanged for consideration, assigned, or made available for use by any entity other than the registrant for any reason.

    (5) A claimant shall not be considered a qualified beneficiary registrant merely by virtue of owning or being owned by an entity that is a qualified beneficiary.