Cal. Code Regs. tit. 4 § 6020

Current through Register 2024 Notice Reg. No. 49, December 6, 2024
Section 6020 - Reporting Requirements

The Issuer shall furnish or cause to be furnished in the Report of Final Sale the following information as of the Settlement date or as projected on the Settlement date if the Settlement date is beyond the date established for timely submission by Government Code section 8855(j).

(a) If different than that which was submitted on the Report of Proposed Debt Issuance, all information reported to the Commission under Sections 6010(a) to 6010(u).
(b) Original Issue Discount.
(c) Original Issue Premium.
(d) Net Original Issue Premium (Discount).
(e) The amount of Net Original Issue Premium used to refund, redeem, pay-down, or refinance other Debt of the Issuer.
(f) Contact information for the person to whom the invoice for the Issuance Fee should be sent including name, agency or firm name, address, telephone number, and e-mail address.
(g) Date of Settlement.
(h) Dated Date.
(i) City and state of the office location of the firms fulfilling the roles submitted pursuant to Section 6010(o), and the firm names and the city and state of the respective office locations of the firms fulfilling the following roles, if applicable, in the issuance of the Debt.
(1) Co-Bond Counsel
(2) Trustee/Paying Agent
(3) Placement Agent
(j) Maturity Schedule, if not provided in the official statement.
(k) Indication of whether the Debt is composed of one or more Serial obligations, one or more Term obligations, or a combination of both Serial and Term obligations.
(l) Final Maturity Date.
(m) First Optional Call Date.
(n) Indication of whether or not the Debt Issue is included in a Senior-Subordinate Structure.
(o) Indication of whether or not the Debt was structured with Credit Enhancement, and if yes, the type of Credit Enhancement, the name of the firm providing the Credit Enhancement, and the date the Credit Enhancement expires.
(p) Indication of whether or not a Debt Rating(s) was obtained by the Issuer, and if yes, each Rating and the name of the agency that provided each Rating.
(q) If any amount of the Principal is used to refund, redeem, or refinance other Debt, or the Debt type was bonds as defined under Government Code section 54313, and a Private Sale method was used instead of a Public Sale method, the reasons why the Issuer decided to use the selected Private Sale method. Furnishing this information on the Report of Final Sale shall meet the requirements of a written statement pursuant to Government Code sections 53583(c)(2)(B) and 54418 provided the Report of Final Sale is submitted to the Commission within the timeframe established under Government Code sections 53583(c)(2)(B) and 54418.
(r) Indication if the interest rate applied to the Debt until the Final Maturity Date is variable. If the interest rate is not variable, one or both of the Debt's Net Interest Cost and True Interest Cost, or another rate of interest applicable to the type of Debt.
(s) Indication of whether or not the Debt Issue is structured to include any Capital Appreciation Debt.
(t) Savings realized by issuing rate reduction bonds pursuant to Government Code section 6588.7(e)(2), if applicable.
(u) If the services of an Underwriter were used in the Debt Issue, the fees and expenses paid to the Underwriter for these services, including expenses to be itemized as Management Fee, Total Takedown, and other expenses.
(v) If the Creditor in the Debt Issue was a Purchaser, the fees and expenses paid to the Purchaser.
(w) If the Creditor in the Debt Issue was a Lender, the fees and expenses paid to the Lender.
(x) If the services of a Bond Counsel were used in the Debt Issue, the fees and expenses paid to the Bond Counsel for these services.
(y) If the services of a Co-Bond Counsel were used in the Debt Issue, the fees and expenses paid to the Co-Bond Counsel for these services.
(z) If the services of a Borrower's Counsel were used in the Debt Issue, the fees and expenses paid to the Borrower's Counsel for these services.
(aa) If the services of a Disclosure Counsel were used in the Debt Issue, the fees and expenses paid to the Disclosure Counsel for these services.
(bb) If the services of a Financial Advisor were used in the Debt Issue, the fees and expenses paid to the Financial Advisor for these services.
(cc) If the Debt Issue was assigned a Rating, the fees and expenses paid to the agency that provided the Rating.
(dd) If the Debt Issue was structured with Credit Enhancement, the fees and expenses paid for the Credit Enhancement.
(ee) If the services of a Trustee were used in the Debt Issue, the fees and expenses paid to the Trustee for these services.
(ff) If the services of a Placement Agent were used in the Debt Issue, the fees and expenses paid to the Placement Agent for these services.
(gg) Any other fees and expenses paid to Issue the Debt that were not elsewhere listed in this Section.

Cal. Code Regs. Tit. 4, § 6020

1. New article 3 (sections 6020-6024) and section filed 2-28-2017; operative 4-1-2017 (Register 2017, No. 9).

Note: Authority cited: Section 8855(e), Government Code. Reference: Sections 6548.5, 6588.7(e)(2), 8855(h)(3), 8855(j), 53509.5(b), 53583(c)(2)(B) and 54418, Government Code; and Sections 15146(d)(2) and 15146(e), Education Code.

1. New article 3 (sections 6020-6024) and section filed 2-28-2017; operative 4/1/2017 (Register 2017, No. 9).