Nev. Admin. Code § 90.Sec. 33 - NEW
1.
An issuer of securities or an agent acting on behalf of the issuer may provide
for the use of electronic signatures if the process by which electronic
signatures are obtained:
(a) Is implemented in
compliance with chapter 719 of NRS and the Electronic Signatures in Global and
National Commerce Act, 15 U.S.C. " 7001 et seq.;
(b) Includes, without limitation:
(1) An appropriate level of security and
assurances of accuracy; and
(2) Any
required federal disclosures;
(c) Employs:
(1) An authentication process to establish
signer credentials; and
(2)
Security features that protect signed records from alteration; and
(d) Provides for the retention of
electronically signed documents in compliance with applicable laws and
regulations, by either the issuer or agent acting on behalf of the
issuer.
2. An initiative
for electronic signatures must be expressly opt-in and if an investor or
prospective investor opts-in to such an initiative, participation may be
terminated at any time.
3. An
investment opportunity may not be conditioned on participation in an initiative
for electronic signatures.
4. An
entity that participates in an initiative for electronic signatures shall
maintain, and shall require underwriters, dealer-managers, placement agencies,
broker-dealers and other selling agents to maintain, written policies and
procedures covering the use of electronic signatures.
5. An election to participate in an
initiative for electronic signatures may be obtained in connection with each
new offering, or by an agent acting on behalf of the issuer. The investor may
revoke such consent at any time by informing the party to whom the consent was
given or, if such a party is no longer available, the issuer.
Notes
NRS 90.750
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