Sec. 4006.152. FEE FOR EXCEEDING LIMITED OFFERING EXEMPTION. (a) This section applies only to an offeror who:
(1) has filed a notice to claim a limited offering exemption;
(2) paid less than the maximum fee prescribed by Section 4006.052; and
(3) offered a greater amount of securities in the offering than authorized pursuant to the formula prescribed by Section 4006.052.
(b) An offeror may:
(1) file an amended notice disclosing the amount of securities offered; and
(2) pay:
(A) three times the difference between the fee initially paid and the fee that should have been paid; and
(B) interest on that amount computed at the rate provided by Section 302.002, Finance Code, from the date the commissioner received the original notice until the date the commissioner received the amended notice.
(c) An amended notice filed under Subsection (b) is retroactive to the date of the initial filing of the notice to claim the exemption.
Added by Acts 2019, 86th Leg., R.S., Ch. 491 (H.B. 4171), Sec. 1.01, eff. January 1, 2022.