Mo. Code Regs. Ann. tit. 15, § 30-52.260
PURPOSE: This rule simplifies the form of rescission offer so as to be more easily understood by investors.
Certified/Return Receipt Requested
Dear Investor:
This letter is to inform you of your rights under the Missouri Uniform Securities Act, Chapter 409, RSMo 1986 (the “Act”). The (describe securities) constitute securities under the Act.
The Act requires that any security offered or sold in Missouri either be registered with the Missouri Commissioner of Securities under the Act or be exempted from registration. These securities were not registered or exempt from registration when they were sold to you. (Include any desired explanation of the circumstances of sale here.)
Section 409.411 of the Act provides that any person who sells a security without the security being registered is liable to the person buying the security from him/her for the amount of the consideration paid for the security together with interest of 8% per year from the date of purchase, costs and reasonable attorney fees, less the amount of any income received on the security.
This letter is to inform you of this right and to offer to rescind the purchase of the securities from this firm. Attached is a statement as to whether or not you wish to take advantage of this offer. Please fill out the attached form and return it to this office within 30 days. If you wish to take advantage of the rescission, the amount you originally invested plus 8% interest, less any income you received, will be returned to you. If you do not respond to this offer within 30 days of the date you received it, your right to rescission based on the failure to register will be extinguished as provided in the Act.
(Name of Issuer)______________________
(Signature)___________________________
(Name of Signatory)___________________
I have been informed of my right to rescission under Missouri Uniform Securities Act by (name of firm offering rescission). I do/do not (circle one) wish to take advantage of this rescission offer.
Investor’s Signature____________________ AUTHORITY: sections 409.411 and 409.413(a), RSMo (1986).* Original rule filed July 21, 1972, effective Aug. 1, 1972. Amended: Filed Nov. 15, 1974, effective Nov. 25, 1974. Rescinded and readopted: Filed Aug. 1, 1984, effective Nov. 11, 1984.
*Original authority: 409.411, RSMo (1967), amended 1978, 1980 and 409.413(a), RSMo (1967).