18 NCAC 06A .2032         REQUIRED FUNDING PORTAL ATTESTATIONS

A funding portal shall attest in the Form NCFP that it:

(1)           is registered with the Secretary of State and has North Carolina as its principal place of business;

(2)           is being used to offer and sell securities under G.S. 78A-17.1;

(3)           will not engage in the prohibited activities set out in G.S. 78A-17.1(a)(11);

(4)           is not subject to disqualification pursuant to G.S. 78A-17.1(e);

(5)           does not have any officers, directors, or any person occupying a similar status or performing a similar function that are subject to disqualification pursuant to G.S. 78A-17.1(e);

(6)           will not buy or sell personally identifiable information of any prospective investor or investor;

(7)           agrees to comply with Rules .2037, .2039, and .2061 of this Section;

(8)           agrees to comply with Rule .2038 of this Section regarding denying access to those it reasonably believes are subject to disqualification or potential for fraud or investor harm;

(9)           shall not handle or take custody of the funds of the issuer or investors;

(10)         shall safeguard prospective investor and investor personal identifying information and immediately notify the Administrator in writing of any compromise of confidentiality; and

(11)         consents to personal jurisdiction of the Administrator and consents to service of process by the Administrator.

History Note:        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.