Idaho Administrative Code
Title IDAPA 12 - Finance, Department of
Rule 12.01.08 - RULES PURSUANT TO THE UNIFORM SECURITIES ACT (2004)
Section 12.01.08.010 - DEFINITIONS

Universal Citation: ID Admin Code 12.01.08.010

Current through August 31, 2023

01. Act. The Uniform Securities Act (2004) set forth in Chapter 14, Title 30, Idaho Code. (3-23-22)

02. Administrator. The Director of the Department of Finance. (3-23-22)

03. Agent of Issuer. The term "agent of issuer" is used interchangeably with the term "issuer agent" through these rules. (3-23-22)

04. CRD. Central Registration Depository. (3-23-22)

05. Department. The Idaho Department of Finance. (3-23-22)

06. EFD. Electronic Filing Depository. (3-23-22)

07. FINRA. Financial Industry Regulatory Authority. (3-23-22)

08. Form ADV. The Uniform Application for Investment Adviser Registration. (3-23-22)

09. Form ADV-H. The Uniform Application for a Temporary or Continuing Hardship Exemption. (3-23-22)

10. Form ADV-W. The Uniform Request for Withdrawal of Investment Adviser Registration. (3-23-22)

11. Form BD. The Uniform Application for Broker-Dealer Registration. (3-23-22)

12. Form BDW. The Uniform Request for Withdrawal from Registration as a Broker-Dealer. (3-23-22)

13. Form BR. The Uniform Application for Broker-Dealer Branch Registration. (3-23-22)

14. Form D. The federal form entitled "Notice of Sale of Securities Pursuant to Regulation D, Section 4(6) and or Uniform Limited Offering Exemption." (3-23-22)

15. Form NF. The Uniform Notice Filing Form. (3-23-22)

16. Form 1-A. A federal securities registration form of that number. (3-23-22)

17. Form S-18. A federal securities registration form of that number. (3-23-22)

18. Form U-1. The Uniform Application to Register Securities. (3-23-22)

19. Form U-2. The Uniform Consent to Service of Process. (3-23-22)

20. Form U-4. The Uniform Application for Securities Industry Registration or Transfer. (3-23-22)

21. Form U-5. The Uniform Request for Withdrawal of Securities Industry Registration or Transfer. (3-23-22)

22. Form U-7. The Uniform Small Company Offering Registration Form. (3-23-22)

23. IARD. Investment Adviser Registration Depository. (3-23-22)

24. NASAA. The North American Securities Administrators Association, Inc. (3-23-22)

25. NASD. The National Association of Securities Dealers, Inc. (3-23-22)

26. NASDAQ. The National Association of Securities Dealers Automated Quotations. (3-23-22)

27. SEC. The U.S. Securities and Exchange Commission. (3-23-22)

28. Transact Business. For purposes of the Act, to "transact business" means to buy or to sell or contract to buy or to sell or dispose of a security or interest in a security for value. It also means any offer to buy or offer to sell or dispose of, and every solicitation of clients or of any offer to buy or to sell, a security or interest in a security for value. With respect to investment advisers and investment adviser representatives, "transact business" includes preparation of financial plans involving securities, recommendations to buy or sell securities or interests in a security for value, and solicitation of investment advisory clients. (3-23-22)

29. USA. The Uniform Securities Act (2004). (3-23-22)

30. Unsolicited Order or Offer. (3-23-22)

a. As used in these rules, an order or offer to buy is considered "unsolicited" if: (3-23-22)
i. The broker-dealer has not made a direct or indirect solicitation or recommendation that the customer purchase the security; and (3-23-22)

ii. The broker-dealer has not recommended the purchase of the security to the customer, either directly or in a manner that would bring its recommendation to the customer; and (3-23-22)

iii. The broker-dealer has not volunteered information on the issuer to the customer; and (3-23-22)

iv. The customer has previously, and independent of any information furnished by the broker-dealer, decided to buy the security. (3-23-22)

b. Any offer or order to buy from a customer whose first knowledge of the specific security or issuer was volunteered to him by the broker-dealer is regarded as a solicited order. (3-23-22)

c. Any claim of exemption pursuant to Section 30-14-202(6), Idaho Code, shall be supported by the broker-dealer's certificate that the transaction in question was, in fact, unsolicited. (3-23-22)

Disclaimer: These regulations may not be the most recent version. Idaho may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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