Section 137.2 - Filing Requirements(a) Written or printed offers required to be filed with the Commissioner pursuant to the Securities Act, §4003.203(1), must be received by the Commissioner within 10 days after the date of their first use in Texas, including distribution of the offers to dealers; provided this shall not apply to offers by preliminary or final prospectus or to tombstone ads. Material filed under this section may be used unless expressly prohibited by the Commissioner.(b) Draft copies of material, galley proofs, and scripts of film or slide presentations may be submitted to the Commissioner to satisfy the filing requirement of §4003.203(1), but true, final copies of any such material or filmed presentation must be provided to the Commissioner, and adequate equipment or facilities made available to actually view the material or presentation, within 10 days after the date of their first use in Texas.(c) "Generic" advertisements, which under SEC Rule 135a (17 CFR § 230.135a, as amended) are not deemed to offer any security for sale, need not be filed pursuant to this section.(d) If with respect to any issues of securities which are part of a series of offerings of similar nature, an advertisement is proposed to be used in substantially the same form for more than one issue of securities in the series, the offeror or sponsor may file within 10 days after the date of its first use in Texas a final copy of each such advertisement with the Commissioner.7 Tex. Admin. Code § 137.2
The provisions of this §137.2 adopted to be effective August 12, 1980, 5 TexReg 3043; amended to be effective January 7, 1985, 9 TexReg 6475; amended to be effective December 23, 1988, 13 TexReg 6075; Amended by Texas Register, Volume 49, Number 13, March 29, 2024, TexReg 2068, eff. 4/7/2024