PURPOSE: This rule prescribes procedures applicable to the exemption of nonissuer transactions effected by or through a registered broker-dealer pursuant to an unsolicited order to buy.

1. (1) Any purchaser acquiring a security pursuant to the exemption specified in section 409.2-202(6) of the Missouri Securities Act of 2003 shall acknowledge in writing that his/her order to buy was unsolicited; provided, that no such acknowledgment shall be required if the confirmation furnished the purchaser is clearly marked “Unsolicited Order” or the broker-dealer furnishes the purchaser before or concurrently with the delivery of the confirmation a memorandum stating that the transaction is based upon an unsolicited order to buy.

AUTHORITY: sections 409.2-202(6) and 409.6-605, RSMo Supp. 2003.* 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 March 21, 1974, effective April 1, 1974. Amended: Filed Nov. 15, 1974, effective Nov. 25, 1974. Emergency amendment filed Aug. 19, 2003, effective Sept. 12, 2003, expired March 9, 2004. Amended: Filed Aug. 27, 2003, effective Feb. 29, 2004.

*Original authority: 409.2-202, RSMo 2003; 409.6-605, RSMo 2003.