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TITLE 7BANKING AND SECURITIES
PART 7STATE SECURITIES BOARD
CHAPTER 113REGISTRATION OF SECURITIES
RULE §113.14Statements of Policy

(a) The Securities Commissioner, where applicable, will utilize the criteria contained in the North American Securities Administrators Association, Inc. (NASAA) Statements of Policy set forth in subsection (b) of this section for offerings registering pursuant to the Texas Securities Act, §7. While applications not conforming to a statement of policy shall be looked upon with disfavor, where good cause is shown or to protect investors, certain provisions may be modified or waived by the Commissioner.

(b) In order to promote uniform regulation, the following NASAA Statements of Policy shall apply to the registration of securities:

  (1) Corporate Securities Definitions, as amended by NASAA on May 6, 2018;

  (2) Impoundment of Proceeds, as amended by NASAA on March 31, 2008;

  (3) Loans and Other Material Affiliated Transactions, as amended by NASAA on May 6, 2018;

  (4) Options and Warrants, as amended by NASAA on March 31, 2008;

  (5) Preferred Stock, as amended by NASAA on September 11, 2016;

  (6) Promoters' Equity Investment, as amended by NASAA on September 11, 2016;

  (7) Promotional Shares, as amended by NASAA on March 31, 2008;

  (8) Specificity in Use of Proceeds, as amended by NASAA on September 11, 2016;

  (9) Underwriting and Selling Expenses, Underwriter's Warrants, and Selling Security Holders, as amended by NASAA on May 6, 2018;

  (10) Unsound Financial Condition, as amended by NASAA on May 6, 2018;

  (11) Unequal Voting Rights, as amended by NASAA on September 11, 2016;

  (12) Debt Securities, as amended by NASAA on April 25, 1993;

  (13) Real Estate Programs, as amended by NASAA on May 7, 2007;

  (14) Oil and Gas Programs, as amended by NASAA on May 6, 2012;

  (15) Asset-backed Securities, as amended by NASAA on May 6, 2012;

  (16) Equipment Programs, as amended by NASAA on May 6, 2012;

  (17) Real Estate Investment Trusts, as amended by NASAA on May 7, 2007;

  (18) Mortgage Program Guidelines, as amended by NASAA on May 7, 2007;

  (19) Omnibus Guidelines, as amended by NASAA on May 7, 2007;

  (20) Registration of Commodity Pool Programs, as amended by NASAA on May 6, 2012; and

  (21) Use of Electronic Offering Documents and Electronic Signatures, adopted by NASAA on May 8, 2017.

(c) Copies of the NASAA Statements of Policy are available online at the NASAA web site (www.nasaa.org) and the Texas State Securities Board web site (www.ssb.texas.gov). Print copies may be obtained by contacting the Texas State Securities Board, P.O. Box 13167, Austin, Texas 78711, or by calling (512) 305-8300.


Source Note: The provisions of this §113.14 adopted to be effective January 7, 2009, 34 TexReg 44; amended to be effective August 18, 2011, 36 TexReg 5093; amended to be effective May 15, 2014, 39 TexReg 3704; amended to be effective June 12, 2018, 43 TexReg 3779; amended to be effective August 25, 2019, 44 TexReg 4310

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