Nev. Admin. Code § 90.Sec. 29 - NEW
1.
An issuer of securities or an agent acting on behalf of the issuer may deliver
an offering document over the Internet or by other electronic means or in
machine-readable format if:
(a) The offering
document:
(1) Is prepared, updated and
delivered in a manner consistent and in compliance with state and federal
securities laws;
(2) Includes the
following statement, "Clarity of text in this document may be affected by the
size of the screen on which it is displayed";
(3) Satisfies any formatting requirements
applicable to printed documents, including, without limitation, a requirement
relating to font size and typeface;
(4) Is identical in content to a printed
version, except for any content relating to:
(I) Electronic-specific instructions or
procedures; and
(II) Daily net
asset value;
(5) Is
delivered as a single, integrated document or file, or as a single package or
list when multiple offering documents are delivered;
(6) Provides notices to investors or
prospective investors that any document or content that is external to the
offering document and is accessed through any hyperlink to the document or
content is provided by an external source; and
(7) Is delivered in an electronic format that
intrinsically enables the recipient to store, retrieve and print the offering
document; and
(b) The
issuer or the agent acting on behalf of the issuer:
(1) Obtains informed consent from the
investor or prospective investor to electronically receive the offering
document;
(2) Ensures that the
investor or prospective investor receives timely, adequate and direct notice
when an offering document has been delivered electronically;
(3) Employs safeguards to ensure that
delivery of the offering document occurred at or before the time required by
law in relation to the time of sale; and
(4) Maintains evidence of delivery by keeping
records of its electronic delivery of the offering document and makes such
records available on demand by the Administrator.
2. Informed consent to receive
offering documents electronically may be obtained in connection with each new
offering or globally, either by the issuer or by an agent acting on behalf of
the issuer. The investor may revoke the consent at any time by informing the
party to whom the consent was given or, if such party is no longer available,
the issuer.
3. Investment
opportunities shall not be conditioned on participation in any electronic
initiative.
4. As used in this
section, "delivery" means that the offering document was conveyed to and
received by the investor or prospective investor, or that the storage media in
which the offering document was stored is physically delivered to the investor
or prospective investor.
Notes
NRS 90.390, 90.750
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