Section 48-6-010 - USING THE INTERNET FOR GENERAL DISSEMINATION OF INFORMATION ON PRODUCTS AND SERVICESAgents shall not be deemed to be "transacting business" in this state for purposes of Section 8-1103 of the Act based solely on the use of the Internet, world wide web, and similar proprietary or common carrier electronic systems (hereinafter the "Internet") to distribute information on available products and services through certain communications made on the Internet directed generally to anyone having access to the Internet, and transmitted through postings on bulletin boards, social networking sites, blogs or similar sites, displays on "Home Pages" or similar methods (hereinafter, "Internet Communications") if the following conditions are observed:
010.01 The Internet Communications contain a disclosure statement which clearly states that: 010.01A The agent in question may only transact business in this state if first registered or excluded or exempted from the agent registration requirements of the Act; and010.01B The agent will not make follow-up, individualized responses to persons in this state that involve either the effecting or attempting to effect transactions in securities, unless the agent has complied with, or has qualified for an applicable exemption or exclusion from, the agent registration requirements of the Act.010.02 The Internet Communications contain a mechanism, including and without limitation, technical "firewalls" or other implemented policies and procedures, designed reasonably to ensure that prior to any subsequent, direct communication with prospective customers or clients in this state, said agent is first registered in this state or qualifies for an exemption or exclusion from such requirement. 010.02A Nothing in this paragraph shall be construed to relieve an agent from any applicable securities registration requirement in this state.010.03 The Internet Communications do not involve either effecting or attempting to effect transactions in securities in this state over the Internet, but is limited to the dissemination of general information on products and services.010.04 The Internet Communications meet the following requirements:010.04A The affiliation with the broker-dealer of the agent is disclosed in a non-italicized font, of at least ten points, within the Internet Communications;010.04B The broker-dealer with whom the agent is associated retains responsibility for reviewing and approving the content of any Internet Communications by the agent;010.04C The broker-dealer with whom the agent is associated first authorizes the distribution of information on the particular products through the Internet Communications; and010.04D In disseminating information through the Internet Communications, the agent acts within the scope of the authority granted by the broker-dealer.48 Neb. Admin. Code, ch. 6, § 010
Amended effective 6/5/2017.Amended effective 11/25/2018