The antifraud provisions of the Texas Securities Act prohibit an investment adviser from using any advertisement that contains any untrue statement of material fact or that is otherwise misleading. The prohibition would include any notice, circular, letter, or other written communication addressed to more than one person, or any notice or other announcement in any publication or by radio, television, Internet, the World Wide Web, or similar proprietary or common carrier electronic systems, that offers any service as an investment adviser. Specifically, a registered investment adviser shall not publish, circulate, or distribute any advertisement which does not comply with SEC Rule 206(4)-1 (17 CFR §275.206(4)-1, as amended) under the Investment Advisers Act of 1940.

Source Note:The provisions of this §116.15 adopted to be effective August 12, 2001, 26 TexReg 5799; amended to be effective November 26, 2001, 26 TexReg 9582; amended to be effective March 13, 2025, 50 TexReg 1809.