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

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)