N.J. Admin. Code § 13:47A-12A.9

Current through Register Vol. 56, No. 24, December 18, 2024

Section 13:47A-12A.9 - Advertising

(a) An issuer and persons acting on behalf of the issuer may not advertise the terms of an offering made pursuant to N.J.S.A. 49:3-50(b)(14), except exclusively on the internet site of the Internet site operator.

(b) Notwithstanding (a) above, a notice may advertise an issuer's offering made pursuant to N.J.S.A. 49:3-50(b)(14), if it directs investors to the Internet site operator's internet site and includes only the following information:

1. A statement that the issuer is conducting an offering pursuant to N.J.S.A. 49:3-50(b)(14), the name of the Internet site operator through which the offering is being conducted, and a link directing the potential investor to the Internet site operator's internet site; and

2. Factual information about the legal identity and business location of the issuer, limited to the name of the issuer of the security, the address, website of the issuer, and a brief description of the business of the issuer.

(c) Notwithstanding (a) above, an issuer and persons acting on behalf of the issuer may communicate with investors and potential investors about the terms of the offering through communication channels provided by the Internet site operator on its internet site, provided that an issuer identifies itself as the issuer in all communications. Persons acting on behalf of the issuer shall identify their affiliation with the issuer in all communications on the Internet site operator's internet site.

(d) Notwithstanding (a) and (c) above, an Internet site operator shall not advertise or communicate with investors about the terms of the offering.

N.J. Admin. Code § 13:47A-12A.9

Adopted by 48 N.J.R. 1964(a), effective 9/19/2016

Adopted by 49 N.J.R. 2538(b), effective 8/7/2017