48 Neb. Admin. Code, ch. 37, § 004

Current through September 17, 2024
Section 48-37-004 - COMMUNICATIONS WITH THE PUBLIC
004.01
004.01A All of the broker-dealer's confirmations and account statements must indicate clearly that the broker-dealer services are provided by the broker-dealer.
004.01B Advertisements and sales literature that announce the location of a financial institution where broker-dealer services are provided by the broker-dealer, or that are distributed by the broker-dealer on the premises of a financial institution, must disclose that securities products; are not insured by the FDIC or the NCUA, as applicable; are not deposits or other obligations of the financial institution and are not guaranteed by the financial institution; and are subject to investment risks, including possible loss of the principal invested. The shorter, logo format described in Section 004.02A may be used to provide these disclosures.
004.01C Recommendations by a broker-dealer concerning non-deposit investment products with a name similar to that of a financial institution must only occur pursuant to policies and procedures reasonably designed to minimize risk of customer confusion.
004.02
004.02A The following shorter, logo format disclosures may be used by a broker-dealer in advertisements and sales literature, including material published, or designed for use, in radio or television broadcasts, Automated Teller Machine ("ATM") screens, billboards, signs, posters and brochures, to comply with the requirements of Section 004.01 B, provided that such disclosures are displayed in a conspicuous manner:
004.02A1 Not FDIC Insured or Not NCUA Insured, as applicable
004.02A2 No Financial Institution Guarantee
004.02A3 May Lose Value
004.02B As long as the omission of the disclosures required by Section 004.01 B would not cause the advertisement or sales literature to be misleading in light of the context in which the material is presented, such disclosures are not required with respect to messages contained in:
004.02B1 Radio broadcasts of thirty seconds or less;
004.02B2 Electronic signs, including billboard-type signs that are electronic, time, and temperature signs and ticker tape signs, but excluding messages contained in such media as television, on-line computer services, or ATMs; and
004.02B3 Signs, such as banners and posters, when used only as location indicators.

48 Neb. Admin. Code, ch. 37, § 004