(1) The advisory client has executed a written consent prospectively authorizing the adviser, or any other person relying on this rule, to effect agency cross transactions for the advisory client, provided that the written consent is obtained after full written disclosure that with respect to agency cross transactions the adviser or other person will act as a broker-dealer for, receive commissions from, and have a potentially conflicting division of loyalties and responsibilities regarding, both parties to the transactions;

(3) The adviser, or any other person relying on this rule, sends to each client, at least annually, and with or as part of any written statement or summary of the account from the adviser or other person (A) written disclosure statement identifying the total number of the transactions during the period since the date of the last statement or summary and (B) the total amount of all commissions or other remuneration received or to be received by the adviser or any other person relying on this rule in connection with the transactions during the period;

(4) Each written disclosure and confirmation required by this rule includes a conspicuous statement that the written consent referred to in subsection (a)(1) of this rule may be revoked at any time by written notice to the adviser, or to any other person relying on this rule, from the advisory client; and

(5) No transaction is effected in which the same adviser or an adviser and any person controlling, controlled by or under common control with the adviser, recommended the transaction to both any seller and any purchaser.