| (a) Written or printed offers required to be filed
with the Commissioner pursuant to the Securities Act, §4003.203(1),
must be received by the Commissioner within 10 days after the date
of their first use in Texas, including distribution of the offers
to dealers; provided this shall not apply to offers by preliminary
or final prospectus or to tombstone ads. Material filed under this
section may be used unless expressly prohibited by the Commissioner.
(b) Draft copies of material, galley proofs, and scripts
of film or slide presentations may be submitted to the Commissioner
to satisfy the filing requirement of §4003.203(1), but true,
final copies of any such material or filmed presentation must be provided
to the Commissioner, and adequate equipment or facilities made available
to actually view the material or presentation, within 10 days after
the date of their first use in Texas.
(c) "Generic" advertisements, which under SEC Rule
135a (17 CFR §230.135a, as amended) are not deemed to offer any
security for sale, need not be filed pursuant to this section.
(d) If with respect to any issues of securities which
are part of a series of offerings of similar nature, an advertisement
is proposed to be used in substantially the same form for more than
one issue of securities in the series, the offeror or sponsor may
file within 10 days after the date of its first use in Texas a final
copy of each such advertisement with the Commissioner.
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| Source Note: The provisions of this §137.2 adopted to be effective August 12, 1980, 5 TexReg 3043; amended to be effective January 7, 1985, 9 TexReg 6475; amended to be effective December 23, 1988, 13 TexReg 6075; amended to be effective April 7, 2024, 49 TexReg 2068 |
