A. Except as otherwise provided in subsection B of this section, it is unlawful for a person to distribute a prospectus, pamphlet, circular, form letter, advertisement, sales literature, or other advertising communication relating to a security or investment advice, addressed or intended for distribution to prospective investors, including clients or prospective clients of a person registered or required to be registered as an investment adviser under this act, unless the sales and advertising literature is first filed with the Department with the fee specified in Section 1-612 of this title and the Department has responded indicating that the Administrator has no objection to its distribution or use.
B. This section does not apply to sales and advertising literature specified in subsection A of this section relating to a federal covered security, a federal covered investment adviser, or a security or transaction exempted by Section 1-201, 1-202, or 1-203 of this title except as may be required pursuant to paragraph 7 of Section 1-201 of this title.
Added by Laws 2003, c. 347, § 32, eff. July 1, 2004. Amended by Laws 2022, c. 77, § 30, eff. Nov. 1, 2022.