OAR 441-175-0175: Internet Communications

(1) Scope of rule. This rule applies to dissemination by firms or individuals of information about securities-related services or products on the Internet, except for any firms or individuals located in Oregon. As used in this section, the term "Internet" is to be construed liberally to include all proprietary or common carrier electronic systems or similar media. (2) Solely disseminating information on the Internet concerning securities-related services or products offered by a firm or individual shall not be deemed to be "transacting business" in this state for purposes of ORS 59.165(1), provided the Internet communication: (a) Is limited to general information on products or services; (b) Prominently and conspicuously states that the firm or individual may only transact business in this state if first licensed or excluded from licensing requirements; (c) Clearly states that follow-up, individualized responses to persons in this state using any contact method by such firm or individual that involve either the effecting or attempting to effect transactions in securities, or the rendering of personalized investment advice for compensation, will not be made absent compliance with Oregon licensing requirements or a valid exclusion from licensing; and (d) Contains mechanisms, including and without limitation, technical firewalls or other implemented policies and procedures, designed reasonably to ensure that prior to any subsequent, direct communication with prospective customers or clients in this state, said firm or individual has completed any applicable licensing or notice filing process in this state, or qualifies for an exclusion from such requirement. (3) In the case of an individual who is a broker-dealer salesperson or an investment adviser representative, the Internet communication must further: (a) Be authorized by the firm with which the individual is affiliated; (b) Clearly disclose the affiliation with the broker-dealer or investment adviser firm; (c) Be within the scope of authority granted to the individual by his or her firm; and (d) Be reviewed and approved for content by a principal of the broker-dealer or investment adviser firm.