PURPOSE: This rule prescribes the records to be preserved by issuers who effect sales of registered securities other than through broker-dealers.

Editor’s Note: The secretary of state has determined that the publication of this rule in its entirety would be unduly cumbersome or expensive. The entire text of the material referenced has been filed with the secretary of state. This material may be found at the Office of the Secretary of State or at the headquarters of the agency and is available to any interested person at a cost established by state law.

1. (1) All issuers who effect sales of registered securities, other than through a broker-dealer, shall preserve the following records during the period of effectiveness of the registration (section 409.305(h), RSMo) and during the period of six (6) years following the expiration of the registration:

   1. (A) A copy of the application for registration and all exhibits to the application;
   2. (B) A copy of all advertisements, together with a complete record of the dates, names and addresses of media carrying those advertisements;
   3. (C) Original copies of all communications received and copies of all communications sent by the issuer pertaining to the offer, sale and transfer of the securities, including purchase agreements and confirmations; and
   4. (D) A list of the names and addresses of all persons to whom the securities were sold, the type and amount of securities sold to each, the consideration paid or promised by each, the method of payment, for example, cash, check, property, services, note, the name of each person(s) who represented the issuer in effecting each sale and the date each such person was registered to sell securities in Missouri. AUTHORITY: sections 409.305(g) and
   5. (i) and 409.413(a), RSMo (1986).* Original rule filed June 25, 1968, effective Aug. 1, 1968. Amended: Filed May 21, 1969, effective Aug. 1, 1969. Amended: Filed July 21, 1972, effective Aug. 1, 1972. Amended: Filed Nov. 15, 1974, effective Nov. 25, 1974.

   *Original authority: 409.305(g) and (i), RSMo (1967), amended 1977, 1978, 1980, 1986 and 409.413(a), RSMo (1967).