Section 48-40-007 - RECORDKEEPINGA portal operator shall maintain and preserve for a period of five years from either the date of the document or communication or the date of the closing or termination of the securities offering, whichever is later, records related to offers and sales made through the Internet website and to transactions where the portal receives compensation, subject to the following:
007.01 The records that shall be maintained include, but are not limited to. the following: 007.01A Records of compensation received for acting as a portal operator, including the name of the paver, the date of payment, name of the issuer, and name of the investor:007.01B Copies of information provided by the portal operator to issuers offering securities through the portal, prospective purchasers, and investors: 007.01C All agreements and/or contracts between the portal operator and an issuer, prospective purchaser, or investor: 007.01D All information used to establish that an issuer, prospective purchaser, or investor is a Nebraska resident: 007.01E All information used to establish that a prospective purchaser or investor is an accredited investor as defined in subsection 002.01. above 007.01F All correspondence or other communications with issuers. prospective purchasers, and/or investors: 007.01G All information made available through the funding portal relating to an offering: 007.01H Ledgers, or other records, that reflect all assets and liabilities. income and expense, and capital accounts: and007.01I All other records relating to the offers and/or sales of securities made through the funding portal.007.02 A portal operator shall, upon written request of the Director, furnish to the Director any records required to be maintained and preserved under this subdivision.007.03 The records required to be kept and preserved under this Rule must be maintained in a manner, including by any electronic storage media, that will permit the immediate location of any particular document so long as such records are available for immediate and complete access by representatives of the Director. Any electronic storage system must preserve the records exclusively in a nonrewriteable. nonerasable format: verify automatically the quality and accuracy of the storage media recording process; serialize the original and, if applicable, duplicate units storage media, and time-date for the required period of retention the information placed on such electronic storage media: and be able to download indexes and records preserved on electronic storage media to an acceptable medium. In the event that a records retention system commingles records required to be kept under this subdivision with records not required to be kept, representatives of the Director may review all commingled records.48 Neb. Admin. Code, ch. 40, § 007
Adopted effective 5/11/2016.