Current through Reg. 49, No. 45; November 8, 2024
Section 125.5 - Plan of Distribution(a) There must be a statement as to whom the offering is being made.(b) The names and addresses of those who are compensated to engage in the sale of securities or act as fundraising adviser must be given.(c) A brief description of the distribution must be given.(d) A brief description must be included of any underwriting agreement between any known broker-dealer and the issuer, including whether such agreements are "best efforts" or "firm" commitment, and whether "exclusive" or "nonexclusive."(e) A clear statement of the responsibilities of the broker-dealer, issuer, and the membership of the issuer under the terms of any underwriting agreement must be made.(f) All past, present, and anticipated future dealings with broker-dealers must be disclosed. In the case of church bond issues, all past, present, and anticipated future dealings with or without church bond financing organizations must be disclosed.(g) All expenses of the issue, including the amount of remuneration to be given to those who will engage in the sale of the issue, must be fully disclosed.(h) If there is to be an escrow of funds, a brief description of the escrow agreement must be given.(i) All disclosure documents must be dated.(j) If the issue has not been registered with the Securities and Exchange Commission or under the Texas Securities Act, such must be clearly indicated in the disclosure document.7 Tex. Admin. Code § 125.5
The provisions of this §125.5 adopted to be effective January 1, 1976.