- (a) There must be a statement as to whom the offering is being made.
- (b) The names and addresses of those who are compensated to engage in the sale of securities or act as fundraising adviser must be given.
- (c) A brief description of the distribution must be given.
- (d) A brief description must be included of any underwriting agreement between any known broker-dealer and the issuer, including whether such agreements are "best efforts" or "firm" commitment, and whether "exclusive" or "nonexclusive."
- (e) A clear statement of the responsibilities of the broker-dealer, issuer, and the membership of the issuer under the terms of any underwriting agreement must be made.
- (f) All past, present, and anticipated future dealings with broker-dealers must be disclosed. In the case of church bond issues, all past, present, and anticipated future dealings with or without church bond financing organizations must be disclosed.
- (g) All expenses of the issue, including the amount of remuneration to be given to those who will engage in the sale of the issue, must be fully disclosed.
- (h) If there is to be an escrow of funds, a brief description of the escrow agreement must be given.
- (i) All disclosure documents must be dated.
- (j) If the issue has not been registered with the Securities and Exchange Commission or under the Texas Securities Act, such must be clearly indicated in the disclosure document.
Source Note:The provisions of this §125.5 adopted to be effective January 1, 1976.