Frank Ibarra, an Ohio resident, bought shares four months ago from an Ohio company in an offering made under Section 3(a)(11) and Rule 147. He now wants to sell the shares to his brother, who lives in Kentucky. May he do so?
Show answer & explanation
Answer: D
Yes; intrastate securities may be resold to anyone once purchased: The exemption would be lost if the securities quickly moved out of state; resale limits apply for six months.
Yes, if the brother is an accredited investor: Accredited status matters for Regulation D, not the intrastate exemption, which turns on residence.
No; resales are limited to in-state residents for nine months after the offering ends: Nine months after the offering ends is the pre-2016 version of Rule 147; the current rule is six months from the issuer's sale.
No; resales are limited to in-state residents for six months from the issuer's sale: Correct. Under Rule 147(e), for six months from the date of the issuer's sale, resales may be made only to residents of the state in which the offering was made.
Rule 147 securities can be resold only to in-state residents for six months from the issuer's sale.