18 NCAC 06A .2115         ADMINISTRATOR ADVISORY REVIEW OF GENERAL SOLICITATION AND ADVERTISING MATERIALS

(a)  The Administrator may object to general solicitation or advertising materials relating to an LPO. The Administrator may consider the factors in 18 NCAC 06A .1308(d) when considering the materials.

(b)  The Administrator may either take no action with regard to the general solicitation or advertising materials or may notify the issuer within 10 business days that it has objections to the materials.

(c)  If the issuer receives notice of objections from the Administrator, the issuer shall not use the general solicitation or advertising materials unless it resolves the Administrator's objections.

(d)  An issuer may use general solicitation or advertising materials if it has not received an objection from the Administrator within 10 business days.

(e)  The issuer shall not directly or indirectly claim that the Administrator has approved the materials.

(f)  The Administrator's objections to, or lack of action with regard to, general solicitation and advertising materials shall not relieve the issuer of an LPO of its responsibility for the accuracy and reliability of its general solicitations and advertising.

(g)  Advertising conducted in violation of G.S. 78A-8, Rule .1308(d) of this Subchapter or 18 NCAC 06B .0201 is prohibited.

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 to expire on April 1, 2026.