18 NCAC 06A .2008          NOTICE OF INTRASTATE CLAIM OF EXEMPTION FORM REQUIREMENTS

An issuer shall file with the Administrator an original, legible Form NCE and required attachments. The Form NCE shall include the following:

(1)           the issuer's attestation:

(a)           to the issuer's name or legal identity, and contact information;

(b)           to the issuer's registration with the Secretary of State;

(c)           as to the specific federal intrastate offering exemption relied upon;

(d)           as to the minimum offering amount, the target offering amount, and target date in accordance with Rule .2004 of this Section;

(e)           as to the issuer's commitment that it shall not accept more than five thousand dollars ($5,000) from any single investor in any 12-month period, unless the issuer reasonably believes that the purchaser is an accredited investor;

(f)            that the issuer does not fit within the exclusions in G.S. 78A-17.1(a)(6);

(g)           that the issuer is not a company listed or described in Rule .2004(h) of this Section;

(h)           as to the absence of disqualification pursuant to G.S. 78A-17.1(e) for the issuer or any person affiliated with the issuer or the securities offering;

(i)            that the issuer shall comply with Rules .2013 and .2063 of this Section regarding misrepresentations and omissions of material facts in its disclosures to prospective investors and investors; and

(j)            that the issuer consents to personal jurisdiction of the Administrator over the issuer and consents to service of process as authorized by G.S. 78A-63;

(2)           a copy of any agreement entered into between the issuer and its funding portal or registered dealer or salesman;

(3)           the names and titles of persons engaged in the offer or sale of the issuer's securities; and

(4)           the names and titles of persons who will serve as the investor contact person(s) for the issuer.

 

History Note:        Authority G.S. 78A-17.1(a)(5); 78A-17.1(f); 78A-49(a); 78A-49(d); 78A-64; S.L. 2016-103, s.4.(a);

Eff. April 1, 2017.