# ORS § 59.049: 59.049 Federal covered securities exempt from registration > Oregon · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_OR_T7_C59_S59.049 ## Section - **Citation:** ORS § 59.049 - **Heading:** 59.049 Federal covered securities exempt from registration - **Jurisdiction:** Oregon - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** OR Code / Title 7 / Chapter 59 / Section 59.049 ## Text Federal covered securities may be offered and sold in this state without registration, subject to the following: (1) Unless otherwise exempt from registration under ORS 59.025 (Securities exempt from registration) or 59.035 (Transactions exempt from registration) , any federal covered security that is subject to section 18(b)(2) of the Securities Act of 1933, as amended, may be offered and sold only upon a filing of a notice with, and the payment of the required fee to, the Director of the Department of Consumer and Business Services. In lieu of the notice, an issuer may file a copy of its registration statement as filed with the Securities and Exchange Commission together with fees required under this subsection. The form of notice shall be prescribed by the director. The director shall set the amount of the fee by rule. The fee is not refundable. The effective date of the notice is the later of the date the notice is received by the director or the date specified by the filer of the notice. (2) Unless otherwise exempt from registration under ORS 59.025 (Securities exempt from registration) or 59.035 (Transactions exempt from registration) , any federal covered security that is subject to section 18(b)(3) or (4), other than section 18(b)(4)(D), of the Securities Act of 1933, as amended, may be offered and sold only upon a filing of a notice with, and the payment of the required fee to, the director. The form of notice shall be prescribed by the director. The director shall set the fee by rule in an amount per $1,000 of the aggregate price of the securities which are to be offered in this state. The fee is not refundable. The effective date of the notice is the later of the date the notice is received by the director or the date specified by the filer of the notice. (3) Unless otherwise exempt from registration under ORS 59.025 (Securities exempt from registration) or 59.035 (Transactions exempt from registration) , any federal covered security that is subject to section 18(b)(4)(D) of the Securities Act of 1933, as amended, may be offered and sold only upon a filing of a notice with, and the payment of the required fee to, the director, not later than 15 days after the first sale of such federal covered security in this state. The notice shall be filed on Securities and Exchange Commission Form D or on a form of notice prescribed by the director. The director shall set the fee by rule in an amount per $1,000 of the aggregate price of the securities which are to be offered in this state. The fee is not refundable. The effective date of the notice is the later of the date the notice is received by the director or the date specified by the filer of the notice. (4) Intentionally left blank —Ed. (a) The director shall set the fees described in subsections (1) to (3) of this section in an amount that the director determines is equal as nearly as possible to the national midpoint for similar fees charged by all other state regulatory agencies within the United States responsible for regulating securities. (b) The director may adjust the amount of a fee described in subsections (1) to (3) of this section every two years to reflect changes in the national midpoint for a similar fee. (c) In determining the national midpoint for similar fees under this section, the director may consider national midpoints determined by the North American Securities Administrators Association, the National Association of Securities Dealers or the United States Securities and Exchange Commission. (5) The director may issue an order suspending the offer and sale of a federal covered security if the director finds that there is a failure to comply with any requirement under this section. (6) Intentionally left blank —Ed. rmined by the North American Securities Administrators Association, the National Association of Securities Dealers or the United States Securities and Exchange Commission. (5) The director may issue an order suspending the offer and sale of a federal covered security if the director finds that there is a failure to comply with any requirement under this section. (6) Intentionally left blank —Ed. (a) The filer of a notice under subsections (1) to (3) of this section shall amend the notice when there is a change in the name of the offering or, in the case of offerings for which notice is filed pursuant to subsection (2) or (3) of this section, when there is an increase in the aggregate price of the securities which are to be offered in this state. There is no fee required for an amendment that does not increase the aggregate offering amount. Notices amending the aggregate offering amount shall include the fee calculated in accordance with subsection (2) or (3) of this section, less amounts previously paid under the prior notice filing, but the fee may not be less than $100. The fee is not refundable. (b) If an issuer or person sells federal covered securities in this state for a price in excess of the aggregate price for which fees were initially paid under this section, the seller shall pay a fee of three times the difference between the initial fee paid and the fee required under this section for the federal covered securities sold in this state. The additional fee may not be less than $100. The fee is not refundable. (7) The director, by rule or otherwise, may waive any or all of the provisions of this section. [1997 c.772 §6; 2001 c.104 §15; 2003 c.270 §2; 2003 c.785 §1] Source: Section 59.049 — Federal covered securities exempt from registration; notice filings; fees; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors059.­html (accessed May 26, 2025). ## Nearby sections - [ORS § 59.005 59.005 Short title](https://www.frixlaw.com/law-library/statutes/STATE_OR_T7_C59_S59.005.md) - [ORS § 59.015 59.015 Definitions for Oregon Securities Law](https://www.frixlaw.com/law-library/statutes/STATE_OR_T7_C59_S59.015.md) - [ORS § 59.025 59.025 Securities exempt from registration](https://www.frixlaw.com/law-library/statutes/STATE_OR_T7_C59_S59.025.md) - [ORS § 59.035 59.035 Transactions exempt from registration](https://www.frixlaw.com/law-library/statutes/STATE_OR_T7_C59_S59.035.md) - [ORS § 59.045 59.045 Authority of director to deny, withdraw or condition exemptions](https://www.frixlaw.com/law-library/statutes/STATE_OR_T7_C59_S59.045.md) - [ORS § 59.049 59.049 Federal covered securities exempt from registration](https://www.frixlaw.com/law-library/statutes/STATE_OR_T7_C59_S59.049.md) - [ORS § 59.051 59.051 Statutory references to federal law](https://www.frixlaw.com/law-library/statutes/STATE_OR_T7_C59_S59.051.md) - [ORS § 59.055 59.055 Conditions of offer and sale of securities](https://www.frixlaw.com/law-library/statutes/STATE_OR_T7_C59_S59.055.md) - [ORS § 59.065 59.065 Registration procedures](https://www.frixlaw.com/law-library/statutes/STATE_OR_T7_C59_S59.065.md) - [ORS § 59.070 59.070 Amended registration application](https://www.frixlaw.com/law-library/statutes/STATE_OR_T7_C59_S59.070.md) - [ORS § 59.075 59.075 Registration by director](https://www.frixlaw.com/law-library/statutes/STATE_OR_T7_C59_S59.075.md) - [ORS § 59.085 59.085 Conditions imposed on registration](https://www.frixlaw.com/law-library/statutes/STATE_OR_T7_C59_S59.085.md) - [ORS § 59.095 59.095 Approval of plan to issue securities in exchange for other securities, claims or property](https://www.frixlaw.com/law-library/statutes/STATE_OR_T7_C59_S59.095.md) - [ORS § 59.105 59.105 Denial, suspension or revocation of registration](https://www.frixlaw.com/law-library/statutes/STATE_OR_T7_C59_S59.105.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_OR_T7_C59_S59.049. Check the current official text before relying on it. Not legal advice.