Advertising and Sales Literature

 

DEPARTMENT OF FINANCIAL SERVICES

Securities

RULE NO.:RULE TITLE:

69W-100.007Advertising and Sales Literature

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 40, No. 97, May 19, 2014 issue of the Florida Administrative Register.

Following comment by the Joint Administrative Procedures Committee, the acronym FINRA in subparagraph (2) is spelled out as Financial Industry Regulatory Authority.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

69W-100.007 Advertising and Sales Literature.

(1) No change.

(2) Every advertisement used in connection with an offering of securities registered pursuant to Section 517.081, F.S., must be authorized in writing by the Office of Financial Regulation before being published or circulated unless it is within the requirements of Financial Industry Regulatory Authority (FINRA) Rule 2210, which is incorporated by reference in Rule 69W-200.002, F.A.C., NASD Rule 2210 concerning advertisements for use in newspapers or any other means of public communication, or contains no more than the following:

(a) through (g) No change.

(3) Any advertisement, except an offering circular or prospectus, intended to be used by a registered Florida dealer in connection with the public sale or offer for sale of any securities within the State of Florida shall be filed with the Office of Financial Regulation at least ten (10) days prior to publication or circulation if such advertisement contains more than the disclosure items listed in subsection (2), or does not meet the requirements of FINRA Rule 2210 NASD Rule 2210.

(4) NASD Rule 2210 (Feb. 5, 2009) is hereby incorporated by reference. Copies of the rule may be obtained through the Financial Industry Regulatory Authority’s website (http://finra.complinet.com/en/display/display_viewall.html?rbid=2403&element_id=3617&record_id=10467) or by contacting the Florida Office of Financial Regulation, Division of Securities, 200 E. Gaines Street, Tallahassee, Florida 32399, [phone].

Rulemaking Authority 517.03 FS. Law Implemented 517.081 FS. History–New 12-5-79, Amended 9-20-82, Formerly 3E-100.07, 3E-100.007, Amended 9-30-10,_________.