Are there any restrictions on advertising of financial instruments?
Yes, there are restrictions on advertising of financial instruments in Texas. The Texas Business and Commerce Code, Section 34.21, governs financial instrument marketing and advertising. Generally speaking, advertising of financial instruments must not only be truthful but also include any material facts and information that may affect the decision of a consumer in using the advertised product or service. Financial instrument advertisements must be based on reliable evidence and not contain any false or misleading statement. The advertisement must also clearly state the charges associated with the advertised product or service. Additionally, all advertisements must prominently display the name of the person, company, or organization responsible for the advertisement. Furthermore, companies offering securities must make sure that the advertisement properly explains the security and its risks. Any advertisement of an approved security must include an official statement with all required details of the security. Also, all advertisements must be filed with the Texas State Securities Board before they can be released to the public. It is important to note that other laws such as the Texas Deceptive Trade Practices Act may also apply to financial instrument advertising. Those engaging in financial instrument advertising must ensure they are aware of all the applicable laws.
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