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Section 127. Form S-11
us SEC - C&DI - Securities Act Forms
Note: The Form S-1 interpretations are generally applicable to Form S-11.
Question 127.01
Question: May a real estate company that typically would file on Form S-11 use Form S-3 if it meets the issuer requirements of that form?
Answer: Yes, however, the company must disclose the information required by Items 13-16 of Form S-11, where appropriate. [Feb. 27, 2009]
Question 127.02
Question: Is a registrant that operates a resort (hotel, golf course and spa) in a service industry or the real estate business? The registrant is unsure whether Form S-1 or Form S-11 would be the appropriate registration statement for an offering.
Answer: A registrant that operates a resort (hotel, golf course and spa) is in a service industry. Accordingly, Form S-1, and not Form S-11, would be appropriate for its offering. [Feb. 27, 2009]
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