Section 48-12-003 - UNETHICAL PRACTICES FOR BROKER-DEALERS, ISSUER-DEALERS, AND AGENTSA broker-dealer, issuer-dealer or agent who engages in one or more of the following practices shall be deemed to have engaged in a "dishonest or unethical practice" as used in Section 8-1103(9)(a)(vii) of the Act:
003.01 Any acts or practices enumerated in Section 002, above.003.02 In connection with the solicitation of a sale or purchase of an Over the Counter ("OTC"), unlisted, non-Nasdaq security, failing to promptly provide the most current prospectus or the most recent periodic report filed under Section 13 of the Securities Exchange Act of 1934, 15 U.S.C. 78m, when requested to do so by a customer.003.03 Marking any order tickets or confirmations as unsolicited when in fact the transaction was solicited.003.04 Failing to provide documentation of unsolicited sales to the Department upon request, pursuant to 48 NAC 14.003.05 Failing to provide each customer with a statement of account which, with respect to all OTC non-Nasdaq equity securities in the account, contains a value for each such security based on the closing market bid on a date certain. 003.05A This statement must cover any month in which activity has occurred in a customer's account, but in no event shall be provided less than every three months.003.05B This subsection applies only if the firm has been a market maker in such security at any time during the month in which the monthly or quarterly statement is issued.003.06 Failing to comply with any applicable provision of fair practice or ethical rules and/or standards promulgated by the SEC, FINRA or by a self-regulatory organization approved by the SEC.003.07 Failing to cooperate with, or providing false or incomplete information to, the Director in connection with an investigation or inquiry.48 Neb. Admin. Code, ch. 12, § 003
Amended effective 6/5/2017.Amended effective 11/27/2019Amended effective 6/13/2022