PART 240 REPORTS OF ISSUANCE AND SALE OR DISPOSAL OF SECURITIES AND THE APPLICATION OF PROCEEDS (GENERAL ORDER 129) : Sections Listing

TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER b: PROVISIONS APPLICABLE TO MORE THAN ONE KIND OF UTILITY
PART 240 REPORTS OF ISSUANCE AND SALE OR DISPOSAL OF SECURITIES AND THE APPLICATION OF PROCEEDS (GENERAL ORDER 129)


AUTHORITY: Implementing Sections 8a and 21 and authorized by Section 8 of "An Act concerning public utilities" (Ill. Rev. Stat. 1981, ch. 111 2/3, pars. 8a, 21 and 8).

SOURCE: Effective April 1, 1966; codified at 8 Ill. Reg. 8895.

 

Section 240.10  Reports to be Filed

 

Every public utility, which shall hereafter obtain from the Commission an order granting authority for the issuance and sale or disposal of securities embracing stocks, bonds, notes or other evidences of indebtedness, shall file reports, as hereinafter provided, concerning the issuance, sale or disposal thereof and the application of the proceeds of securities authorized by such order.

 

Section 240.20  Filing Requirements and Procedures

 

The first report in each case shall be filed within sixty (60) days after the end of the calendar quarter (i.e., the three-month period ending March 31, June 30, September 30 or December 31, as the case may be) in which the order authorizing the issuance of such securities is entered.  Thereafter, reports shall be filed covering the transactions during each successive three-month period, each of said reports to be filed within sixty (60) days after the end of each such period.  All reports shall be filed with the Commission in duplicate and shall be signed and verified under oath by an executive officer of such public utility having knowledge of the facts; each such report to show the following particulars:

 

a)         In respect to the issuance and sale of:

 

1)         Capital stock

 

A)        The number of shares (and par amount of stock having a par value) issued and sold or disposed of;

 

B)        The price per share at which such stock was sold or disposed of;

 

2)         Bonds and other securities

 

A)        The principal amount of bonds, notes or other evidences of indebtedness issued and sold or disposed of, stated separately for each kind of security;

 

B)        The price per one hundred dollars face amount at which such bonds, notes or other evidences of indebtedness were sold or disposed of, stated separately for each kind of security;

 

3)         All classes of securities

 

A)        the names of all persons, firms or corporations acquiring such securities, giving a description of the securities acquired by each such person and the consideration furnished by each, from the issuer, insofar as known to the issuer:

 

i)          who either were or thereby became an "affiliated interest" of the issuer within the meaning of Section 8a of the Public Utilities Act of Illinois (including individuals acting as nominees or trustees for such affiliated interest), or

 

ii)         for the purpose of resale;

 

B)        the amount of proceeds realized from the sale of stock, bonds, notes, or other evidences of indebtedness; or in case such stock, bonds, notes or other evidences of indebtedness are not sold for cash, the nature and value of the consideration received therefor; and

 

C)        a detailed statement of all expenses incurred in connection with the issuance and sale of said stock, bonds, notes or other evidences of indebtedness.

 

b)         In respect to application of proceeds:

            The purpose or the purposes to which the proceeds of the sale of stock, bonds, notes or other evidences of indebtedness have been applied.

 

c)         In respect to unapplied proceeds:

            Amount or amounts of proceeds remaining unapplied to the purpose or purposes specified in the order of the Commission.

 

Section 240.30  Filing Dates

 

Every public utility reporting to the Commission, pursuant to the provisions of this Part, shall file with the Commission the required report or reports (in duplicate) at regular intervals, as herein provided, except in any case in which the order authorizing the issue of securities or any amendment or modification thereof shall provide otherwise.  If, at any time at which the filing of a report is due, it shall appear that no change in the status of any item has occurred since the filing of the last preceding report, such public utility shall nevertheless file a report certifying that such is the fact.  When all of the transactions relating to the issuance and sale of securities authorized by the order, and application of the proceeds thereof, have been completed (or, if all of said securities shall not have been disposed of within the time limit fixed by the Commission's order therefor, or any extension thereof granted by the Commission, then at the expiration of such time), a final report shall be filed in lieu of the report at the end of the then current three months' period.