7A.21 Advertisement

The Member shall not, directly or indirectly, publish, circulate or distribute any advertisement —

a. which refers, directly or indirectly, to any past specific recommendations of the Member in relation to futures contracts which were or would have been profitable to any person, except that the Member may refer in an advertisement to a list of all recommendations made by the Member within the period of not less than one year immediately before the date the advertisement is published, circulated or distributed, which list, if furnished separately from the advertisement, shall —

i. state the name of each futures contract recommended, the date and nature of the recommendation, the market price at that time, the price at which the recommendation was to be acted upon, and the market price of the futures contract as of the most recent practicable date; and

ii. contain a statement, in as large a font as the largest font used in the body of the advertisement, to the effect that the past performance of the futures contracts in the list is not indicative of the future performance of the securities or futures contracts;

b. which contains any inaccurate or misleading statement or presentation, or any exaggerated statement or presentation that is calculated to exploit an individual’s lack of experience and knowledge.

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