Section 203A. (a) Each investment adviser registered under this chapter shall disseminate to each client or prospective client a document disclosing material facts. The document shall include information concerning:
(1) compensation arrangements between the client and the investment adviser;
(2) the nature of services offered;
(3) business practices; and
(4) methods for obtaining information on disciplinary history and registration of the investment adviser and persons associated with the investment adviser.
(b) Each investment adviser and each of its representatives registered under this chapter shall disclose to each client before a purchase or sale is effected on behalf of the client:
(1) the total amount of sales commissions or other fees that may reasonably be expected to be charged or deducted in connection with the purchase or sale;
(2) that the adviser will receive the amount or a portion of the amount, or, in the case of a transaction to be effected through a broker-dealer that is a person associated or under common control with the adviser, that the broker-dealer is affiliated with the adviser and will receive the amount or portion of the amount; and
(3) the existence of any compensation arrangement with an issuer or other third party with respect to the recommended transaction.
The disclosure shall be in writing if the purchase or sale was recommended in writing. The secretary may, by rule, permit a client to waive in writing, the right to a disclosure.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title XV - Regulation of Trade
Chapter 110a - Uniform Securities Act
Section 101 - Sales and Purchases
Section 102 - Advisory Activities
Section 201 - Registration Requirement
Section 202 - Registration Procedure
Section 203 - Post–registration Provisions
Section 203a - Document Disclosing Material Facts
Section 204 - Denial, Revocation, Suspension, Cancellation, and Withdrawal of Registration
Section 301 - Registration Requirement
Section 302 - Registration by Coordination
Section 303 - Registration by Qualification
Section 304 - Provisions Applicable to Registration Generally
Section 305 - Denial, Suspension, and Revocation of Registration
Section 306 - Federal Covered Securities
Section 403 - Filing of Sales and Advertising Literature
Section 404 - Misleading Filings
Section 405 - Unlawful Representations Concerning Registration or Exemption
Section 406 - Administration of Chapter
Section 407 - Investigations and Subpoenas
Section 407a - Violations; Cease and Desist Orders; Costs
Section 409 - Criminal Penalties
Section 410 - Civil Liabilities
Section 411 - Judicial Review of Orders
Section 412 - Rules, Forms, Orders, and Hearings
Section 413 - Administrative Files and Opinions
Section 414 - Scope of the Act and Service of Process