Rule 590-4-3-.05 - General Requirements of ProspectusThe following general requirements shall apply to every prospectus required to be filed with the Commissioner, unless otherwise provided for.
(1) Unless otherwise permitted by the Commissioner, the body of the prospectus and all notes to financial statements and other tabular data included therein shall be in times new roman type or its substantial equivalent, at least as large and as legible as 10-point modern type, except that financial statements and other tabular data, including tabular data in notes, may be in times new roman type or its substantial equivalent, at least as large and as legible as 8-point modern type. A prospectus in the final form approved by the Commissioner shall be deemed to have met all requirements of this subsection.(2) Photographs or conceptions or renderings by artists, architects or engineers are only permitted to be included in a prospectus to the extent they are necessary for a fair understanding of the subject and provided that such photographs, conceptions and renderings are not misleading. Accurate maps or surveys are permissible where appropriate. Established corporate symbols or trademarks may be used, provided they do not create misleading impressions.(3) The information set forth in a prospectus should be presented in a clear and understandable fashion. All information contained in a prospectus shall be set forth under appropriate captions or headings reasonably indicative of the principal subject matter set forth. Except as to financial statements and other tabular data, all information set forth in a prospectus shall be divided into reasonably short paragraphs or sections. The information required in a prospectus need not follow the order of the items or topics set forth in these rules. The information shall not, however, be set forth in a manner that obscures any of the required information or any information necessary to keep the required information from being incomplete or misleading.(4) The prospectus shall include all material information not expressly required that is necessary under the circumstances to make the statements not misleading and shall include all information material to an evaluation of the offered security.Ga. Comp. R. & Regs. R. 590-4-3-.05
O.C.G.A. Secs. 10-5-5, 10-5-10, 10-5-14, 10-5-53, 10-5-70, 10-5-74.
Original Rule entitled "Issuer's Quarterly and Annual Reports" adopted. F. July 5, 1974; eff. July 25, 1974.Repealed: New Rule entitled "Records to Be Made and Maintained by Issuers of Registered Securities" adopted. F. Dec. 9, 1980; eff. Dec. 29, 1980.Repealed: New Rule of same title adopted. F. Apr. 13, 1983; eff. May 3, 1983.Amended: F. Feb. 24, 1987; eff. Mar. 16, 1987.Repealed: New Rule of same title adopted. F. Dec. 21, 2004; eff. Jan. 10, 2005.Repealed: New Rule entitled "General Requirements of Prospectus" adopted. F. Nov. 18, 2011; eff. Dec. 8, 2011.