18 N.C. Admin. Code 6A.2008

Current through Register Vol. 39, No. 9, November 1, 2024

Section 06A .2008 - NOTICE OF INTRASTATE CLAIM OF EXEMPTION FORM REQUIREMENTS

An issuer shall file with the Administrator an original, legible Form NCE and required attachments. The Form NCE shall include the following:

(1) the issuer's attestation:

(a) to the issuer's name or legal identity, and contact information;

(b) to the issuer's registration with the Secretary of State;

(c) as to the specific federal intrastate offering exemption relied upon;

(d) as to the minimum offering amount, the target offering amount, and target date in accordance with Rule .2004 of this Section;

(e) as to the issuer's commitment that it shall not accept more than five thousand dollars ($5,000) from any single investor in any 12-month period, unless the issuer reasonably believes that the purchaser is an accredited investor;

(f) that the issuer does not fitwithin the exclusions in G.S. 78A-17.1(a)(6);

(g) that the issuer is not a company listed or described in Rule .2004(h) of this Section;

(h) as to the absence of disqualification pursuant to G.S. 78A-17.1(e) for the issuer or any person affiliated with the issuer or the securities offering;

(i) that the issuer shall comply with Rules .2013 and .2063 of this Section regarding misrepresentations and omissions of material facts in its disclosures to prospective investors andinvestors; and

(j) that the issuer consents to personal jurisdiction of the Administrator over the issuer and consents to service of process as authorized by G.S. 78A-63;

(2) a copy of any agreement entered into between the issuer and its funding portal or registered dealer or salesman;

(3) the names and titles of persons engaged in the offer or sale of the issuer's securities; and

(4) the names and titles of persons who will serve as the investor contact person(s) for the issuer.

18 N.C. Admin. Code 06A .2008

Authority G.S. 78A-17.1(a)(5); 78A-17.1(f); 78A-49(a); 78A-49(d); 78A-64; S.L. 2016-103, s.4.(a);
Eff. April 1, 2017.

Authority G.S. 78A-17.1(a)(5); 78A-17.1(f); 78A-49(a); 78A-49(d); 78A-64; S.L. 2016-103, s.4.(a);
Eff. 4/1/2017.