| (5) A portal shall, upon written request of the Securities
Commissioner, furnish to the Commissioner any records required to
be maintained and preserved under this subsection.
(6) The portal shall provide to the Commissioner access,
inspection, and review of any Internet website operated by a portal
and records maintained by the portal; and
(7) The records required to be kept and preserved under
this subsection must be maintained in a manner, including by any electronic
storage media, that will permit the immediate location of any particular
document so long as such records are available for immediate and complete
access by representatives of the Commissioner. Any electronic storage
system must preserve the records exclusively in a non-rewriteable,
non-erasable format; verify automatically the quality and accuracy
of the storage media recording process; serialize the original and,
if applicable, duplicate units of storage media, and time-date for
the required period of retention the information placed on such electronic
storage media; and can download indexes and records preserved on electronic
storage media to an acceptable medium. In the event that a records
retention system commingles records required to be kept under this
subsection with records not required to be kept, representatives of
the Commissioner may review all commingled records.
(f) Filings.
(1) Application. In lieu of the application requirements
in §115.2 of this title (relating to Application Requirements),
a complete application for a Texas crowdfunding portal consists of
the following and must be filed with the Securities Commissioner:
(A) Form 133.15, including all applicable schedules
and supplemental information;
(B) Form U-4, for the designated officer and a Form
U-4 for each agent to be registered (officers of a corporation or
partners of a partnership shall not be deemed agents solely because
of their status as officers or partners);
(C) a copy of the articles of incorporation or other
documents which indicate the form of organization, certified by the
Texas Secretary of State or by an officer or partner of the applicant;
(D) any other information deemed necessary by the Commissioner
to determine the financial responsibility, business repute, or qualifications
of the portal; and
(E) the appropriate registration fee(s).
(2) Post-reporting requirements. A portal is subject
to the dealer and agent requirements in §115.9 of this title
(relating to Post-Registration Reporting Requirements).
(3) Renewal. Registration as a portal expires at the
close of the calendar year, but subsequent registration for the succeeding
year shall be issued upon written application and upon payment of
the appropriate renewal fee(s), without filing of further statements
or furnishing any further information unless specifically requested
by the Commissioner.
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| Source Note: The provisions of this §115.19 adopted to be effective November 17, 2014, 39 TexReg 8961; amended to be effective October 20, 2016, 41 TexReg 8195; amended to be effective June 12, 2018, 43 TexReg 3780 |
