The purpose and effect is to amend the existing rules to incorporate by reference the current versions of forms and other materials incorporated by reference, to make a violation of SEC Rule 17a-14 (17 C.F.R. §240.17a-14) ....  

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    DEPARTMENT OF FINANCIAL SERVICES

    Securities

    RULE NOS.:RULE TITLES:

    69W-600.001Application for Registration as a Dealer (FINRA)

    69W-600.0012Application for Registration as a Dealer (Non-FINRA)

    69W-600.0013Application for Registration as an Issuer/Dealer

    69W-600.0015Canadian Dealer Notice-Filing

    69W-600.0016Application for Registration as an Investment Adviser (State Registered)

    69W-600.0017Notice-Filing for Federal Covered Advisers

    69W-600.0019Registration of Florida Intrastate Crowdfunding Intermediaries

    69W-600.002Application for Registration as Associated Person (FINRA Dealer)

    69W-600.0022Application for Registration as an Associated Person (Non-FINRA Dealer)

    69W-600.0023Application for Registration as an Associated Person (Issuer/Dealer)

    69W-600.0024Application for Registration as an Associated Person (Investment Adviser and Federal Covered Advisor)

    69W-600.013Prohibited Business Practices for Dealers and Their Associated Persons

    69W-600.0131Prohibited Business Practices for Investment Advisers and Their Associated Persons

    69W-600.0132Custody Requirements for Investment Advisers

    69W-600.014Books and Records Requirements

    PURPOSE AND EFFECT: The purpose and effect is to amend the existing rules to incorporate by reference the current versions of forms and other materials incorporated by reference, to make a violation of SEC Rule 17a-14 (17 C.F.R. §240.17a-14) a prohibited business practice for dealers, to clarify investment adviser record requirements, to replace the terms “representative” and “investment adviser representative” for consistency, to clarify the grandfathering provisions of the exam requirements for the registration of investment advisers and their associated persons, to grant applicants for registration under chapter 517, Florida Statutes, an additional 30 days to submit requested information, to allow the Office to abandon an application if an applicant fails to provide timely additional information, and to remove duplicative language authorizing the Office to request certified documentation.

    SUMMARY: The proposed amended rules incorporate by reference the current versions of forms and other materials incorporated by reference, make a violation of SEC Rule 17a-14 (17 C.F.R. §240.17a-14) a prohibited business practice for dealers, clarify investment adviser record requirements, replace the terms “representative” and “investment adviser representative” for consistency, clarify the grandfathering provisions of the exam requirements for the registration of investment advisers and their associated persons, grant applicants for registration under chapter 517, Florida Statutes, an additional 30 days to submit requested information, allow the Office to abandon an application if an applicant fails to provide timely additional information, and remove duplicative language authorizing the Office to request certified documentation.

    SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

    The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

    The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein:

    Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

    RULEMAKING AUTHORITY: 517.03(1), 517.12, 517.1201, 517.121, 517.1215, 517.1217, 517.1611, FS.

    LAW IMPLEMENTED: 517.081, 517.12, 517.1201, 517.121, 517.1215, 517.1217, 517.161, 517.1611, FS.

    IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

    THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Ryann White, Division of Securities (850)410-9803, Ryann.White@flofr.com

     

    THE FULL TEXT OF THE PROPOSED RULE IS:

     

    69W-600.001 Application for Registration as a Dealer (FINRA).

    (1) New Applications.

    (a) No change

    (b) An application shall include the following:

    1. through 2. No change.

    3. A Uniform Application for Securities Industry Registration or Transfer (Form U4) (05/2009), to register at least one principal as set forth in this rule. A sample form is hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX. http://www.flrules.org/Gateway/reference.asp?No=Ref-06089. In conjunction with filing its Form BD with the Office, the dealer shall provide the Office written notification of the principal’s name and CRD number or social security number,

    4. through 7. No change.

    (2) Request for Additional Information. All information required by subsection (1) of this rule, shall be submitted with the original application filing. Any request for additional documents or information shall be made by the Office within thirty (30) days after receipt of the application. The Office may require documentation to be certified by its issuer based upon the Office’s review of the nature and substance of the disciplinary history of the applicant and any officer, director, or ultimate owner in the case of a corporation or association, and any partner, co-partner, or member of the partnership in the case of a partnership. For purposes of this rule, “certified” means that there must be an original certification or attestation by the issuer of the record that the document is a true copy of a record contained in its office and its seal, if any. Additional information shall be submitted directly with the Office within sixty (60) days after a request has been made by the Office. The Office shall grant a request for an additional thirty (30) days to submit the additional information. The Office shall not grant a request after the original sixty (60) day deadline has passed. Failure to provide timely all additional information shall result in the application being deemed abandoned, which shall result in the application being removed from further consideration by the Office and closed. Failure to respond to such request within sixty (60) days after the date of the request may be construed by the Office as grounds for denial of an application in accordance with the provisions of Section 120.60(1), F.S.

    (3) through (5) No change.

    (6) Examinations/Qualifications Requirements.

    (a) No change.

    (b) Every applicant for initial registration as a principal or agent of a dealer shall evidence securities general knowledge by:

    1. through 3. No change.

    4. Submitting to the Office proof of passing, within two years of the date of application for registration, an examination relating to the position to be filled administered by a national securities association and proof of passing, within four years of the date of application for registration, the Securities Industry Essentials (SIE) Examination. The following individuals will be considered to have passed the SIE Examination:

    a. Individuals whose registration as an associated person a representative was terminated between October 1, 2014, and September 30, 2018, provided they re-register as an associated person a representative within four years from the date of their last registration;

    b. Individuals who registered as an associated person representatives prior to October 1, 2018, and who continue to maintain those registrations on or after October 1, 2018.

    (7) through (8) No change.

    (9) Termination of Registration as Dealer, Principal or Agent, or Notification of Branch Office.

    (a) through (b) No change.

    (c) The forms to be utilized for providing notice to the Office under paragraph (9)(a) are:

    1. through 2. No change.

    3. Uniform Termination Notice for Securities Industry Registration (Form U5) (05-09). A sample form is hereby incorporated by reference and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX. http://www.flrules.org/Gateway/reference.asp?No=Ref-06090.

    (10) through (11) No change.

    Rulemaking Authority 517.03(1), 517.12 FS. Law Implemented 517.12 FS. History–New 12-5-79, Amended 9-20-82, Formerly 3E-600.01, Amended 7-29-90, 8-1-91, 6-16-92, 1-11-93, 11-14-93, 4-30-96, 6-22-98, 5-10-00, 9-19-00, 7-31-02, Formerly 3E-600.001, Amended 3-16-06, 5-15-07, 11-22-10, 10-29-12, 11-11-13, 12-29-15, 11-26-19,         .

     

    69W-600.0012 Application for Registration as a Dealer (Non-FINRA).

    (1) New Applications.

    (a) No change.

    (b) An application shall include the following:

    1. and 2. No change.

    3. A Uniform Application for Securities Industry Registration or Transfer (Form U4) (05/2009), to register at least one principal as set forth in this rule. The Form U4 is hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX. http://www.flrules.org/Gateway/reference.asp?No=Ref-06089. In conjunction with filing its Form BD with the Office, the dealer shall provide the Office written notification of the principal’s name and social security number. Social security numbers are collected by the Office pursuant to Section 517.12(7)(a), F.S., and are used to verify the identity of individuals;

    4. and 7. No change.

    (2) Request for Additional Information. All information required by subsection (1) of this rule, shall be submitted with the original application filing. Any request for additional documents or information shall be made by the Office within thirty (30) days after receipt of the application. The Office may require documentation to be certified by its issuer based upon the Office’s review of the nature and substance of the disciplinary history of the applicant and any officer, director, or ultimate owner in the case of a corporation or association, and any partner, co-partner, or member of the partnership in the case of a partnership. For purposes of this rule, “certified” means that there must be an original certification or attestation by the issuer of the record that the document is a true copy of a record contained in its office and its seal, if any. Additional information shall be submitted directly with the Office within sixty (60) days after a request has been made by the Office. The Office shall grant a request for an additional thirty (30) days to submit the additional information. The Office shall not grant a request after the original sixty (60) day deadline has passed. Failure to provide timely all additional information shall result in the application being deemed abandoned, which shall result in the application being removed from further consideration by the Office and closed. Failure to respond to such request within sixty (60) days after the date of the request may be construed by the Office as grounds for denial of an application in accordance with the provisions of Section 120.60(1), F.S.

    (3) through (5) No change.

    (6) Examinations/Qualifications Requirements.

    (a) No change.

    (b) Every applicant for initial registration as a principal or agent of a dealer shall evidence securities general knowledge by:

    1. through 3. No change.

    4. Submitting to the Office proof of passing, within two years of the date of application for registration, an examination relating to the position to be filled administered by a national securities association and proof of passing, within four years of the date of application for registration, the Securities Industry Essentials (SIE) Examination. The following individuals will be considered to have passed the SIE Examination:

    a. Individuals whose registration as an associated person a representative was terminated between October 1, 2014, and September 30, 2018, provided they re-register as an associated person a representative within four years from the date of their last registration;

    b. Individuals who registered as an associated person representatives prior to October 1, 2018, and who continue to maintain those registrations on or after October 1, 2018.

    (7) through (8) No change.

    (9) Termination of Registration as Dealer, Principal or Agent, or Notification of Branch Office.

    (a) through (b) No change.

    (c) The forms to be utilized for providing notice to the Office under paragraph (9)(a), and which are hereby incorporated by reference are:

    1. through 2. No change.

    3. Uniform Termination Notice for Securities Industry Registration (Form U5) (05-09), which is hereby incorporated by reference and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX. http://www.flrules.org/Gateway/reference.asp?No=Ref-06090.

    (10) through (11) No change.

    Rulemaking Authority 517.03(1), 517.12 FS. Law Implemented 517.12 FS. History–New 12-29-15, Amended 11-26-19,                      .

     

    69W-600.0013 Application for Registration as an Issuer/Dealer.

    (1) New Applications.

    (a) No change.

    (b) An application shall include the following:

    1. through 2. No change.

    3. A Uniform Application for Securities Industry Registration or Transfer (Form U4) (05/2009), to register at least one principal as set forth in this rule. The Form U4 is hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX. http://www.flrules.org/Gateway/reference.asp?No=Ref-06089. In conjunction with filing its Form BD with the Office, the issuer/dealer shall provide the Office written notification of the principal’s name and social security number. Social security numbers are collected by the Office pursuant to Section 517.12(7)(a), F.S., and are used to verify the identity of individuals;

    4. through 7. No change.

    (2) Request for Additional Information. All information required by subsection (1) of this rule, shall be submitted with the original application filing. Any request for additional documents or information shall be made by the Office within thirty (30) days after receipt of the application. The Office may require documentation to be certified by its issuer based upon the Office’s review of the nature and substance of the disciplinary history of the applicant and any officer, director, or ultimate owner in the case of a corporation or association, and any partner, co-partner, or member of the partnership in the case of a partnership. For purposes of this rule, “certified” means that there must be an original certification or attestation by the issuer of the record that the document is a true copy of a record contained in its office and its seal, if any. Additional information shall be submitted directly with the Office within thirty (30) days after a request has been made by the Office. The Office shall grant a request for an additional thirty (30) days to submit the additional information. The Office shall not grant a request after the original sixty (60) day deadline has passed. Failure to provide timely all additional information shall result in the application being deemed abandoned, which shall result in the application being removed from further consideration by the Office and closed. Failure to respond to such request within sixty (60) days after the date of the request may be construed by the Office as grounds for denial of an application in accordance with the provisions of Section 120.60(1), F.S.

    (3) through (5) No change.

    (6) Examinations/Qualifications Requirements.

    (a) No change.

    (b) Every applicant for initial registration as a principal or agent of an issuer/dealer shall evidence securities general knowledge by:

    1. through 4. No change.

    5. Submitting to the Office proof of passing, within two years of the date of application for registration, an examination relating to the position to be filled administered by a national securities association and proof of passing, within four years of the date of application for registration, the Securities Industry Essentials (SIE) Examination. The following individuals will be considered to have passed the SIE Examination:

    a. Individuals whose registration as an associated person a representative was terminated between October 1, 2014, and September 30, 2018, provided they re-register as an associated person a representative within four years from the date of their last registration;

    b. Individuals who registered as an associated person representatives prior to October 1, 2018, and who continue to maintain those registrations on or after October 1, 2018.

    (c) No change.

    (7) through (8) No change.

    (9) Termination of Registration as Issuer/Dealer, Principal or Agent, or Notification of Branch Office.

    (a) through (b) No change.

    (c) The forms to be utilized for providing notice to the Office under paragraphs (9)(a) and (9)(b) are:

    1. through 2. No change.

    3. Uniform Termination Notice for Securities Industry Registration (Form U5) (05-09), which is hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX. http://www.flrules.org/Gateway/reference.asp?No=Ref-06090.

    (10) through (11) No change.

    Rulemaking Authority 517.03(1), 517.12 FS. Law Implemented 517.12 FS. History–New 12-29-15, Amended 11-26-19,                 .

     

    69W-600.0015 Canadian Dealer Notice-Filing.

    (1) No change.

    (2) Request for Additional Information. All information required by subsection (1) of this rule, shall be submitted with the original notice-filing. Any request for additional documents or information shall be made by the Office within thirty (30) days after receipt of the notice-filing. The Office may require documentation to be certified by its issuer based upon the Office’s review of the nature and substance of the disciplinary history of the notice-filer. For purposes of this rule, “certified” means that there must be an original certification or attestation by the issuer of the record that the document is a true copy of a record contained in its office and its seal, if any. Additional information shall be submitted directly with the Office within sixty (60) days after a request has been made by the Office. The Office shall grant a request for an additional thirty (30) days to submit the additional information. The Office shall not grant a request after the original sixty (60) day deadline has passed. Failure to provide timely all additional information shall result in the application being deemed abandoned, which shall result in the application being removed from further consideration by the Office and closed. Failure to respond to such request within sixty (60) days after the date of the request may be construed by the Office as grounds for denial of a notice-filing in accordance with the provisions of Section 120.60(1), F.S.

    (3) through (6) No change.

    Rulemaking Authority 517.03, 517.12 FS. Law Implemented 517.12 FS. History–New 5-15-07, Amended 11-22-10, 12-29-15, Amended            .

     

    69W-600.0016 Application for Registration as an Investment Adviser (State Registered).

    (1) New Applications.

    (a) No change.

    (b) An application shall include the following:

    1. Form ADV, Uniform Application for Investment Adviser Registration (09-19 07-17). A sample form is hereby incorporated by reference and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX; http://www.flrules.org/Gateway/reference.asp?No=Ref-11280;

    2. No change.

    3. A Uniform Application for Securities Industry Registration or Transfer (Form U4) to register at least one agent to designate as a principal as set forth in this rule. Form U4 (05-09) is hereby incorporated by reference and a sample form is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX. http://www.flrules.org/Gateway/reference.asp?No=Ref-06089. In conjunction with filing its Form ADV with the Office, the investment adviser shall provide the Office written notification of the principal’s name and CRD number or social security number;

    4. through 6. No change.

    (2) Request for Additional Information. All information required by subsection (1) of this rule, shall be submitted with the original application filing. Any request for additional documents or information shall be made by the Office within thirty (30) days after receipt of the application. The Office may require documentation to be certified by its issuer based upon the Office’s review of the nature and substance of the disciplinary history of the applicant and any officer, director, or ultimate owner in the case of a corporation or association, and any partner, co-partner, or member of the partnership in the case of a partnership. For purposes of this rule, “certified” means that there must be an original certification or attestation by the issuer of the record that the document is a true copy of a record contained in its office and its seal, if any. Additional information shall be submitted directly with the Office within sixty (60) days after a request has been made by the Office. The Office shall grant a request for an additional thirty (30) days to submit the additional information. The Office shall not grant a request after the original sixty (60) day deadline has passed. Failure to provide timely all additional information shall result in the application being deemed abandoned, which shall result in the application being removed from further consideration by the Office and closed. Failure to respond to such request within sixty (60) days after the date of the request may be construed by the Office as grounds for denial of an application in accordance with the provisions of Section 120.60(1), F.S.

    (3) through (5) No change.

    (6) Examinations/Qualifications Requirements.

    (a) No change.

    (b) An individual applying to be registered as an investment adviser shall provide the Office with one of the following:

    1. No change.

    2. Proof of passing, within two years of the date of application for registration, the General Securities Representative Examination (Series 7), the Uniform Combined State Law Examination (Series 66), and proof of passing, within four years of the date of application for registration, the Securities Industry Essentials (SIE) Examination. The following individuals will be considered to have passed the SIE Examination:

    a. Individuals whose registration as an associated person a representative was terminated between October 1, 2014, and September 30, 2018, provided they re-register as an associated person a representative within four years from the date of their last registration;

    b. Individuals who registered as an associated person representatives prior to October 1, 2018, and who continue to maintain those registrations on or after October 1, 2018.

    (c) Grandfathering Provisions:

    1. Any individual who is or has been registered as an investment adviser or associated person of an investment adviser representative in any jurisdiction in the United States requiring examinations designated in paragraph (6)(b), within two years of the date of application for registration shall not be required to satisfy the examination requirements for continued registration except that the Office may require additional examinations for any individual found to have violated any state or federal securities law.

    2. An individual who obtained registration as an associated person of an investment adviser or a federal covered adviser in any jurisdiction in the United States requiring examinations designated in paragraph (6)(b), by such jurisdiction waiving those examination requirements, shall be required to satisfy the examination requirements of this rule. An individual who has not been registered in any jurisdiction in the United States requiring examinations designated in paragraph (6)(b), as an investment adviser or investment adviser representative within two years of the date of application for registration shall be required to comply with the examination requirements of this rule.

    (d) No change.

    (7) through (8) No change.

    (9) Termination of Registration as an Investment Adviser, Agent, or Notification of Branch Office.

    (a) through (c) No change.

    (d) The forms to be utilized for providing notice to the Office under paragraphs (9)(a) and (9)(b) are:

    1. No change.

    2. Uniform Termination Notice for Securities Industry Registration (Form U5) (05/09). A sample form is hereby incorporated by reference and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX. http://www.flrules.org/Gateway/reference.asp?No=Ref-06090.

    3. No change.

    (10) through (12) No change.

    Rulemaking Authority 517.03(1), 517.12 FS. Law Implemented 517.12 FS. History–New 12-29-15, Amended 11-26-19,                    .

     

    69W-600.0017 Notice-Filing for Federal Covered Advisers.

    (1) New Notice-Filings.

    (a) No change.

    (b) All federal covered advisers making or amending a notice-filing in this state shall file the Form ADV, Part 1, including copies of any amendments filed or required to be filed with the SEC, and the assessment fee required by Section 517.1201(1) or (2), F.S., with the IARD in accordance with subsection (1). Form ADV (09-19 07-17) is hereby incorporated by reference, and a sample form is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX. http://www.flrules.org/Gateway/reference.asp?No=Ref-11280.

    (2) Registration of Associated Persons. All federal covered advisers who notice-file in this state and who request initial registration or amendment of an associated person of the federal covered adviser shall file the Uniform Application for Securities Industry Registration or Transfer (Form U4) and the assessment fee required by Section 517.12(10) or (11), F.S., with the CRD in accordance with Rule 69W-600.0024, F.A.C. However, responses to requests by the Office for additional information shall be filed directly with the Office. Form U4 (05/2009) is hereby incorporated by reference and a sample form is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX. http://www.flrules.org/Gateway/reference.asp?No=Ref-06089.

    (3) No change.

    (4) Termination of Notification as Investment Adviser or Registration as Agent.

    (a) through (b) No change.

    (c) The forms to be utilized for providing notice to the Office under paragraphs (4)(a) and (4)(b) above, are:

    1. No change.

    2. Uniform Termination Notice for Securities Industry Registration (Form U5) (05/09). A sample form is hereby incorporated by reference and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX. http://www.flrules.org/Gateway/reference.asp?No=Ref-06090.

    Rulemaking Authority 517.03(1), 517.1201 FS. Law Implemented 517.1201 FS. History–New 12-29-15, Amended 11-26-19,                       .

     

    69W-600.0019 Registration of Florida Intrastate Crowdfunding Intermediaries.

    (1) No change.

    (2) Request for Additional Information. All information required by subsection (1) of this rule, shall be submitted with the original application filing. Any request for additional documents or information shall be made by the Office within thirty (30) days after receipt of the application. The Office may require documentation to be certified by its issuer based upon the Office’s review of the nature and substance of the disciplinary history of the applicant and any officer, director, or ultimate owner in the case of a corporation or association, and any partner, co-partner, or member of the partnership in the case of a partnership. For purposes of this rule, “certified” means that there must be an original certification or attestation by the issuer of the record that the document is a true copy of a record contained in its office and its seal, if any. Additional information shall be submitted directly with the Office within sixty (60) days after a request has been made by the Office. The Office shall grant a request for an additional thirty (30) days to submit the additional information. The Office shall not grant a request after the original sixty (60) day deadline has passed. Failure to provide timely all additional information shall result in the application being deemed abandoned, which shall result in the application being removed from further consideration by the Office and closed. Failure to respond to such request within sixty (60) days after the date of the request may be construed by the Office as grounds for denial of an application in accordance with the provisions of Section 120.60(1), F.S.

    (3) through (7) No change.

    Rulemaking Authority 517.03(1), 517.12(20), 517.1611 FS. Law Implemented 517.12(20), 517.1611 FS. History–New 12-29-15, Amended             . 

     

    69W-600.002 Application for Registration as Associated Person (FINRA Dealer).

    (1) New Applications.

    (a) No change.

    (b) An application shall include the following:

    1. Form U4 (05/2009). A sample form is hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.  http://www.flrules.org/Gateway/reference.asp?No=Ref-06089.

    2. through 5. No change.

    (2) Request for Additional Information. All information required by subsection (1) of this rule, shall be submitted with the original application filing. Any request for additional documents or information shall be made by the Office within thirty (30) days after receipt of the application. The Office may require documentation to be certified by its issuer based upon the Office’s review of the nature and substance of the disciplinary history of the applicant. For purposes of this rule, “certified” means that there must be an original certification or attestation by the issuer of the record that the document is a true copy of a record contained in its office and its seal, if any. Additional information shall be submitted directly with the Office within sixty (60) days after a request has been made by the Office. The Office shall grant a request for an additional thirty (30) days to submit the additional information. The Office shall not grant a request after the original sixty (60) day deadline has passed. Failure to provide timely all additional information shall result in the application being deemed abandoned, which shall result in the application being removed from further consideration by the Office and closed. Failure to respond to such request within sixty (60) days after the date of the request may be construed by the Office as grounds for denial of an application in accordance with the provisions of Section 120.60(1), F.S.

    (3) through (5) No change.

    (6) Examinations/Qualifications.

    (a) No change.

    (b) Every applicant for initial registration as a principal or agent of a dealer shall evidence securities general knowledge by:

    1. through 3. No change.

    4. Submitting to the Office proof of passing, within two years of the date of application for registration, an examination relating to the position to be filled administered by a national securities association and proof of passing, within four years of the date of application for registration, the Securities Industry Essentials (SIE) Examination. The following individuals will be considered to have passed the SIE Examination:

    a. Individuals whose registration as an associated person a representative was terminated between October 1, 2014, and September 30, 2018, provided they re-register as an associated person a representative within four years from the date of their last registration;

    b. Individuals who registered as an associated person a representative prior to October 1, 2018, and who continue to maintain those registrations on or after October 1, 2018.

    (7) through (8) No change.

    (9) Termination of Registration of Principal or Agent.

    (a) Where a registrant withdraws, cancels, or otherwise terminates registration, or is terminated for any reason, notice of such fact shall be filed with the Office within thirty (30) calendar days of the date of termination by electronically filing a Uniform Termination Notice for Securities Industry Registration (Form U5) (05/2009) with the Office through the CRD. A sample form is hereby incorporated by reference and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX. http://www.flrules.org/Gateway/reference.asp?No=Ref-06090.

    (b) No change.

    (10) No change.

    Rulemaking Authority 517.03(1), 517.12 FS. Law Implemented 517.12 FS. History–New 9-20-82, Formerly 3E-301.02, Amended 10-15-86, 10-4-88, 6-24-90, 7-29-90, 10-14-90, 8-1-91, 6-16-92, 6-28-93, 11-14-93, 3-13-94, 4-30-96, 12-29-96, 6-22-98, 5-10-00, 9-19-00, 7-31-02, 12-11-03, Formerly 3E-600.002, Amended 3-16-06, 5-15-07, 12-24-07, 12-25-08, 11-22-10, 5-29-12, 11-11-13, 12-29-15, 9-25-18, 11-26-19,               .

     

    69W-600.0022 Application for Registration as Associated Person (Non-FINRA Dealer).

    (1) New Applications.

    (a) No change.

    (b) An application shall include the following:

    1. Form U4 (05/2009), which is hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX. http://www.flrules.org/Gateway/reference.asp?No=Ref-06089.

    2. through 5. No change.

    (2) Request for Additional Information. All information required by subsection (1) of this rule, shall be submitted with the original application filing. Any request for additional documents or information shall be made by the Office within thirty (30) days after receipt of the application. The Office may require documentation to be certified by its issuer based upon the Office’s review of the nature and substance of the disciplinary history of the applicant. For purposes of this rule, “certified” means that there must be an original certification or attestation by the issuer of the record that the document is a true copy of a record contained in its office and its seal, if any. Additional information shall be submitted directly with the Office within sixty (60) days after a request has been made by the Office. The Office shall grant a request for an additional thirty (30) days to submit the additional information. The Office shall not grant a request after the original sixty (60) day deadline has passed. Failure to provide timely all additional information shall result in the application being deemed abandoned, which shall result in the application being removed from further consideration by the Office and closed. Failure to respond to such request within sixty (60) days after the date of the request may be construed by the Office as grounds for denial of an application in accordance with the provisions of Section 120.60(1), F.S.

    (3) through (5) No change.

    (6) Examinations/Qualifications.

    (a) No change.

    (b) Every applicant for initial registration as a principal or agent of a dealer shall evidence securities general knowledge by:

    1. through 3. No change.

    4. Submitting to the Office proof of passing, within two years of the date of application for registration, an examination relating to the position to be filled administered by a national securities association and proof of passing, within four years of the date of application for registration, the Securities Industry Essentials (SIE) Examination. The following individuals will be considered to have passed the SIE Examination:

    a. Individuals whose registration as an associated person a representative was terminated between October 1, 2014, and September 30, 2018, provided they re-register as an associated person a representative within four years from the date of their last registration;

    b. Individuals who registered as an associated person representatives prior to October 1, 2018, and who continue to maintain those registrations on or after October 1, 2018.

    (7) through (8) No change.

    (9) Termination of Registration of Principal or Agent.

    (a) Where a registrant withdraws, cancels, or otherwise terminates registration, or is terminated for any reason, notice of such fact shall be filed with the Office within thirty (30) calendar days of the date of termination by electronically filing a Uniform Termination Notice for Securities Industry Registration (Form U5) (05/2009) with the Office through the CRD. A sample form is hereby incorporated by reference and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX. http://www.flrules.org/Gateway/reference.asp?No=Ref-06090.

    (b) No change.

    (10) No change.

    Rulemaking Authority 517.03(1), 517.12 FS. Law Implemented 517.12 FS. History–New 12-29-15, Amended 9-25-18, 11-26-19,                .

     

    69W-600.0023 Application for Registration as Associated Person (Issuer/Dealer).

    (1) New Applications.

    (a) No change.

    (b) An application shall include the following:

    1. Form U4 (05/2009), which is hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX. http://www.flrules.org/Gateway/reference.asp?No=Ref-06089.

    2. through 5. No change.

    (2) Request for Additional Information. All information required by subsection (1) of this rule, shall be submitted with the original application filing. Any request for additional documents or information shall be made by the Office within thirty (30) days after receipt of the application. The Office may require documentation to be certified by its issuer based upon the Office’s review of the nature and substance of the disciplinary history of the applicant. For purposes of this rule, “certified” means that there must be an original certification or attestation by the issuer of the record that the document is a true copy of a record contained in its office and its seal, if any. Additional information shall be submitted directly with the Office within sixty (60) days after a request has been made by the Office. The Office shall grant a request for an additional thirty (30) days to submit the additional information. The Office shall not grant a request after the original sixty (60) day deadline has passed. Failure to provide timely all additional information shall result in the application being deemed abandoned, which shall result in the application being removed from further consideration by the Office and closed. Failure to respond to such request within sixty (60) days after the date of the request may be construed by the Office as grounds for denial of an application in accordance with the provisions of Section 120.60(1), F.S.

    (3) through (5) No change.

    (6) Examinations/Qualifications.

    (a) No change.

    (b) Every applicant for initial registration as a principal or agent of a dealer shall evidence securities general knowledge by:

    1. through 4. No change.

    5. Submitting to the Office proof of passing, within two years of the date of application for registration, an examination relating to the position to be filled administered by a national securities association and proof of passing, within four years of the date of application for registration, the Securities Industry Essentials (SIE) Examination. The following individuals will be considered to have passed the SIE Examination:

    a. Individuals whose registration as an associated person a representative was terminated between October 1, 2014, and September 30, 2018, provided they re-register as an associated person a representative within four years from the date of their last registration;

    b. Individuals who registered as an associated person representatives prior to October 1, 2018, and who continue to maintain those registrations on or after October 1, 2018.

    (c) No change.

    (7) through (8) No change.

    (9) Termination of Registration of Principal or Agent.

    (a) Where a registrant withdraws, cancels, or otherwise terminates registration, or is terminated for any reason, notice of such fact shall be filed with the Office within thirty (30) calendar days of the date of termination by electronically filing a Uniform Termination Notice for Securities Industry Registration (Form U5) (05/2009) with the Office through the CRD. A sample form is hereby incorporated by reference and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX. http://www.flrules.org/Gateway/reference.asp?No=Ref-06090.

    (b) No change.

    (10) No change.

    Rulemaking Authority 517.03(1), 517.12 FS. Law Implemented 517.12 FS. History–New 12-29-15, Amended 9-25-18, 11-26-19,                      .

     

    69W-600.0024 Application for Registration as Associated Person (Investment Adviser and Federal Covered Adviser).

    (1) New Applications.

    (a) No change.

    (b) An application shall include the following:

    1. Form U4 (05/2009). A sample form is hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.  http://www.flrules.org/Gateway/reference.asp?No=Ref-06089.

    2. through 5. No change.

    (2) Request for Additional Information. All information required by subsection (1) of this rule shall be submitted with the original application filing. Any request for additional documents or information shall be made by the Office within thirty (30) days after receipt of the application. The Office may require documentation to be certified by its issuer based upon the Office’s review of the nature and substance of the disciplinary history of the applicant. For purposes of this rule, “certified” means that there must be an original certification or attestation by the issuer of the record that the document is a true copy of a record contained in its office and its seal, if any. Additional information shall be submitted directly with the Office within sixty (60) days after a request has been made by the Office. The Office shall grant a request for an additional thirty (30) days to submit the additional information. The Office shall not grant a request after the original sixty (60) day deadline has passed. Failure to provide timely all additional information shall result in the application being deemed abandoned, which shall result in the application being removed from further consideration by the Office and closed. Failure to respond to such request within sixty (60) days after the date of the request may be construed by the Office as grounds for denial of an application in accordance with the provisions of Section 120.60(1), F.S.

    (3) through (5) No change.

    (6) Examinations/Qualifications.

    (a) No change.

    (b) An individual applying to be registered as an associated person of an investment adviser or federal covered adviser shall provide the Office with one of the following:

    1. No change.

    2. Proof of passing, within two years of the date of application for registration, the General Securities Representative Examination (Series 7), the Uniform Combined State Law Examination (Series 66), and proof of passing within four years of the date of application for registration, the Securities Industry Essentials (SIE) Examination. The following individuals will be considered to have passed the SIE Examination:

    a. Individuals whose registration as an associated person a representative was terminated between October 1, 2014, and September 30, 2018, provided they re-register as an associated person a representative within four years from the date of their last registration;

    b. Individuals who registered as an associated person representatives prior to October 1, 2018, and who continue to maintain those registrations on or after October 1, 2018.

    (c) Grandfathering Provisions:

    1. No change.

    2. An individual who obtained registration as an associated person of an investment adviser or a federal covered adviser in any jurisdiction in the United States requiring examinations designated in paragraph (6)(b), by such jurisdiction waiving those examination requirements, shall be required to satisfy the examination requirements of this rule. An individual who has not been registered in any jurisdiction in the United States requiring examinations designated in paragraph (6)(b), as an associated person of an investment adviser or federal covered adviser within two years of the date of application for registration shall be required to comply with the examination requirements of this rule.

    (d) No change.

    (7) through (8) No change.

    (9) Termination of Registration of Principal or Agent.

    (a) Where a registrant withdraws, cancels, or otherwise terminates registration or is terminated for any reason, notice of such fact shall be filed with the Office within thirty (30) calendar days of the date of termination by electronically filing a Uniform Termination Notice for Securities Industry Registration (Form U5) (05/2009) with the Office through the CRD. A sample form is hereby incorporated by reference and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX. http://www.flrules.org/Gateway/reference.asp?No=Ref-06090.

    (b) No change.

    (10) No change.

    Rulemaking Authority 517.03(1), 517.12 FS. Law Implemented 517.12 FS. History–New 12-29-15, Amended 9-25-18, 11-26-19,                .

          69W-600.013 Prohibited Business Practices for Dealers and Their Associated Persons.

    (1) The following are deemed demonstrations of unworthiness by a dealer under Section 517.161(1)(h), F.S., without limiting that term to the practices specified herein:

    (a) through (g) No change.

    (h) With respect to any customer, transaction or business in this state, violating any of the following:

    1. Financial Industry Regulatory Authority (FINRA) rules contained in the Rule 2000 Series (Duties and Conflicts), Rule 3000 Series (Supervision and Responsibilities Relating to Associated Persons), Rule 4000 Series (Financial and Operational Rules), Rule 5000 Series (Securities Offering and Trading Standards and Practices), Rule 6000 Series (Quotation and Transaction Reporting Facilities), Rule 7000 Series (Clearing, Transaction and Order Data Requirements, and Facility Charges), or Rule 11000 Series (Uniform Practice Code); or National Association of Securities Dealers (NASD) Conduct Rules contained in Rule 2340 or 2510 (Business Conduct), or Rule 3140, 3150, or IM-3150 (Responsibilities Relating to Associated Persons, Employees, and Others’ Employees). The foregoing rules are incorporated by reference in Rule 69W-200.002, F.A.C.

    2. through 6. No change.

    7. To the extent that any of the rules described in subparagraphs 1. through 6. of this section or their interpretation by the FINRA, NASD, NYSE, MSRB, or SEC, as appropriate, conflict or are inconsistent with other provisions of the Florida Securities and Investor Protection Act or rules promulgated pursuant thereto, this paragraph of this rule shall not be deemed controlling.

    (i) through (o) No change.

    (p) Failing to deliver a current Form CRS to any retail investor in violation of SEC Rule 17a-14 (17 C.F.R.  §240.17a-14), which is incorporated by reference in Rule 69W-200.002, F.A.C.

    (2) No change.

    Rulemaking Authority 517.03(1), 517.1217 FS. Law Implemented 517.081, 517.1217, 517.161(1) FS. History–New 12-5-79, Amended 9-20-82, Formerly 3E-600.13, Amended 8-1-91, 6-16-92, 1-11-93, 11-7-93, 5-5-94, 9-9-96, 10-20-97, 1-25-00, 10-30-03, Formerly 3E-600.013, Amended 10-23-06, 1-18-09, 11-22-10, 9-22-14, 11-15-16, 11-26-19,                .

     

    69W-600.0131 Prohibited Business Practices for Investment Advisers and Their Associated Persons.

    (1) The following are prohibited business practices for investment advisers and associated persons pursuant to Section 517.1215(2), F.S., and are deemed demonstrations of unworthiness by an investment adviser or an associated person of an investment adviser under Section 517.161(1)(h), F.S., without limiting that term to the practices specified herein:

    (a) through (q) No change.

    (r) Entering into, extending or renewing any investment advisory contract contrary to the provisions of Section 205 of the Investment Advisers Act of 1940, 15 U.S.C. §80b-5. This provision shall apply to all advisers and associated persons of investment advisers representatives registered or required to be registered under this Act, notwithstanding whether such adviser or associated person representative would be exempt from federal registration pursuant to Section 203(b) of the Investment Advisers Act of 1940, (15 U.S.C. §80b-3(b)), which is incorporated by reference in Rule 69W-200.002, F.A.C.

    (s) through (x) No change.

    (2) The federal statutory and regulatory provisions referenced herein shall apply to investment advisers, associated persons of investment advisers representatives and federal covered advisers, to the extent permitted by the National Securities Markets Improvement Act of 1996 (Pub. L. 104-290), which is incorporated by reference in Rule 69W-200.002, F.A.C.

    Rulemaking Authority 517.03(1), 517.1215 FS. Law Implemented 517.12(4), 517.1215, 517.161(1) FS. History–New 1-25-00, Amended 10-30-03, Formerly 3E-600.0131, Amended 10-23-06, 1-18-09, 11-22-10, 9-22-14, 5-6-15, 11-15-16, 11-26-19,                    .

     

    69W-600.0132 Custody Requirements for Investment Advisers.

    (1) No change.

    (2) Safekeeping required. If the investment adviser is registered or required to be registered, it is unlawful for the investment adviser to have custody of client funds or securities unless the following requirements in paragraphs (2)(a)-(i) are met:

    (a) Notice to Office. The investment adviser notifies the Office of Financial Regulation (Office) within thirty (30) days in writing that the investment adviser has or may have custody. Such notification is required to be given on Form ADV, Uniform Application for Investment Adviser Registration (09-19 07-17), which is hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX. http://www.flrules.org/Gateway/reference.asp?No=Ref-11280.

    (b) through (h) No change.

    (i) Direct Fee Deduction. An investment adviser who has custody as defined in sub-subparagraph (1)(a)1.b. of this rule, as a consequence of its authority to make withdrawals from client accounts to pay its advisory fee must also provide the following safeguards:

    1. through 2. No change.

    3. The investment adviser must notify the Office in writing that the investment adviser intends to use the safeguards provided above. Such notification is required to be given on Form ADV, Uniform Application for Investment Adviser Registration (09-19 07-17), which is hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX. http://www.flrules.org/Gateway/reference.asp?No=Ref-11280.

    (3) Exceptions to certain safekeeping requirements.

    (a) No change.

    (b) Certain privately offered securities.

    1. No change.

    2. Notwithstanding subparagraph (3)(b)1. of this rule, the provisions of paragraph (3)(b) of this rule are available with respect to securities held for the account of a limited partnership (or limited liability company, or other type of pooled investment vehicle) only if the limited partnership is audited, the audited financial statements are distributed, as described in paragraph (3)(d) of this rule, and the investment adviser notifies the Office in writing that the investment adviser intends to provide audited financial statements, as described above. Such notification is required to be given on Form ADV, Uniform Application for Investment Adviser Registration (09-19 07-17), which is hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX. http://www.flrules.org/Gateway/reference.asp?No=Ref-11280.

    (c) No change.

    (d) Limited partnerships subject to annual audit. An investment adviser is not required to comply with paragraphs (2)(c) and (2)(d), and shall be deemed to have complied with paragraph (2)(f) of this rule, with respect to the account of a limited partnership (or limited liability company, or any other type of pooled investment vehicle) if each of the following conditions in subparagraphs 1. through 6. are met:

    1. through 5. No change.

    6. The investment adviser must also notify the Office in writing that the investment adviser intends to employ the use of the statement delivery and audit safeguards described above. Such notification is required to be given on Form ADV, Uniform Application for Investment Adviser Registration (09-19 07-17), which is hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX. http://www.flrules.org/Gateway/reference.asp?No=Ref-11280.

    7. No change.

    (e) Investment Adviser as Trustee. When a trust retains an investment adviser, associated person of an investment adviser representative or employee, director or owner of an investment adviser as trustee and the investment adviser acts as the investment adviser to that trust, an investment adviser is not required to obtain an independent verification of client funds and securities maintained by a qualified custodian under paragraph (2)(f) of this rule, if the investment adviser instructs the qualified custodian of the trust as follows in subparagraphs 1. through 3.:

    1. Payment of fees. The qualified custodian will not deliver trust securities to the investment adviser, any associated person of the investment adviser representative or employee, director or owner of the investment adviser, nor will the investment adviser instruct the qualified custodian to transmit any funds to the investment adviser, any associated person of the investment adviser representative or employee, director or owner of the investment adviser, except that the qualified custodian may pay trustees’ fees to the trustee and investment management or advisory fees to investment adviser, provided that:

    a. The grantor of the trust or attorneys for the trust, if it is a testamentary trust, the co-trustee (other than the investment adviser, associated person of the investment adviser representative or employee, director or owner of the investment adviser), or a defined beneficiary of the trust has authorized the qualified custodian in writing to pay those fees,

    b. No change.

    c. The qualified custodian agrees to send to the grantor of the trust, the attorneys for a testamentary trust, the co-trustee (other than the investment adviser, associated person of the investment adviser representative or employee, director or owner of the investment adviser), or a defined beneficiary of the trust, at least quarterly, a statement of all disbursements from the account of the trust, including the amount of investment management fees paid to the investment adviser and the amount of trustees’ fees paid to the trustee.

    2. Distribution of Assets. Except as otherwise set forth in sub-subparagraph a. below, the qualified custodian may transfer funds or securities, or both, of the trust only upon the direction of the trustee. The grantor of the trust or attorneys for the trust, if it is a testamentary trust, the co-trustee (other than the investment adviser, associated person of the investment adviser representative or employee, director or owner of the investment adviser), or a defined beneficiary of the trust, must designate the authorized signatory for management of the trust. The direction to transfer funds or securities, or both, can only be made to the following:

    a. through e. No change.

    3. Statements. If the qualified custodian agrees to these instructions and is authorized to pay the fees, the investment adviser will send to the grantor of the trust, the attorney of the trust if it is a testamentary trust, the co-trustee (other than the investment adviser, associated person of the investment adviser representative or employee, director or owner of the investment adviser), or a defined beneficiary of the trust, at the same time that it sends any statement to the qualified custodian, a statement showing the amount of the trustees’ fees or investment management or advisory fee, the value of the assets on which the fees were based, and the specific manner in which the fees were calculated.

    4. No change.

    (f) Beneficial Trusts. The investment adviser is not required to comply with safekeeping requirements of subsection (2) of this rule, if the investment adviser has custody solely because the investment adviser, associated person of the investment adviser representative or employee, director or owner of the investment adviser is the trustee for a beneficial trust, and if all of the following conditions in subparagraphs 1. and 2., are met for each trust:

    1. through 3. No change.

    (g) No change.

    (4) No change.

    Rulemaking Authority 517.03(1), 517.1215 FS. Law Implemented 517.1215 FS. History–New 10-23-06, Amended 11-22-10, 9-22-14, 5-6-15, 11-26-19,                   .

     

    69W-600.014 Books and Records Requirements.

    Except as otherwise provided herein, every dealer, investment adviser, branch office, and associated person conducting business in this state shall prepare and maintain on a current basis, and preserve for the periods of time specified, such records, prescribed herein, as are appropriate for said dealer’s, investment adviser’s, branch office’s, or associated person’s course of business, and are sufficient to provide an audit trail of all business transactions by said dealer, investment adviser, associated person, or branch office. Associated persons who conduct business from a branch office notice-filed in this state shall be exempt from the provisions of this rule.

    (1) All dealers are required to prepare and maintain appropriate books and records relating to their business as described in SEC Rules 17a-3 or 17a, (17 C.F.R. §§240.17a-3, 240.17a-4), section 248.30 of Regulation S-P (17 C.F.R. §248.30), and MSRB Rules G-7, G-8 and G-9; and records evidencing compliance with NASD Rules 3140, 3150, and IM-3150 and Financial Industry Regulatory Authority (FINRA) Rule 1020 and FINRA rules contained in the Rule 2000 Series (Duties and Conflicts), Rule 3000 Series (Supervision and Responsibilities Relating to Associated Persons), Rule 4000 Series (Financial and Operational Rules), and Rule 5000 Series (Securities Offering and Trading Standards and Practices). The foregoing rules are incorporated by reference in Rule 69W-200.002, F.A.C.

    (2) No change.

    (3) All investment advisers, notwithstanding the fact that the investment adviser is not registered or required to be registered under the Investment Advisers Act of 1940, shall prepare and maintain true, accurate and current records relating to their business as described in SEC Rule 204-2, (17 C.F.R. §275.204-2), which is incorporated by reference in Rule 69W-200.002, F.A.C.; Notwithstanding SEC Rule 204-2, (17 C.F.R. §275.204-2), investment adviser records requirements do not include Form CRS. Investment advisers shall and have available for the Office of Financial Regulation at least the following records:

    (a) through (g) No change.

    (h) A file containing a copy of all communications received or sent regarding any litigation involving the investment adviser or any associated person of the investment adviser representative or employee, and regarding any customer or client complaint.

    (i) No change.

    (j) Written procedures to supervise the activities of employees and associated persons of the investment adviser representative that are reasonably designed to achieve compliance with applicable securities laws and regulations.

    (k) A file containing a copy of each document, other than any notices of general dissemination, that was filed with or received from any state or federal agency or self regulatory organization and that pertains to the registrant or its associated persons investment adviser representatives. Such file should contain, but is not limited to, all applications, amendments, renewal filings, and correspondence.

    (l) No change.

    (4) Notwithstanding other record preservation requirements of this rule, the following records or copies shall be required to be maintained in the business location of the investment adviser from which the customer or client is being provided or has been provided with investment advisory services:

    (a) No change.

    (b) Records or copies required under the provision of paragraphs (a)(11) and (a)(16) of SEC Rule 204-2 of the Investment Advisers Act of 1940 (17 C.F.R. §275.204-2), which records or related records identify the name of the associated person of the investment adviser representative providing investment advice from that business location, or which identify the business location’s physical address, mailing address, electronic mailing address, or telephone number.

    (5) through (6) No change.

    (7) All books and records described in this rule shall be preserved in accordance with the following:

    (a) through (d) No change.

    (e) Each investment adviser registered or required to be registered in this state and which has a business location in this state shall maintain at such business location:

    1. No change.

    2. The records or copies required under the provisions of paragraphs (3)(a)-(k), above, related to customers or clients for whom the associated person of the investment adviser representative provides or has provided investment advisory services; and,

    3. The records or copies required under the provisions of paragraphs (a)(11) and (a)(16) of SEC Rule 204-2, (17 C.F.R. §275.204-2), which records or related records identify the name of the associated person of the investment adviser representative or which identify the business location’s physical address, mailing address, electronic mailing address, or telephone number. The records will be maintained for the period described in subsections (d) and (e), of SEC Rule 204-2, (17 C.F.R. §275.204-2). The investment adviser shall be responsible for ensuring compliance with the provision of this subsection. SEC Rule 204-2, (17 C.F.R. §275-204-2).

    (8) No change.

    Rulemaking Authority 517.03(1), 517.121(1), 517.1215 FS. Law Implemented 517.121(1), 517.1215 FS. History–New 12-5-79, Amended 9-20-82, Formerly 3E-600.14, Amended 10-14-90, 8-1-91, 6-16-92, 1-11-93, 9-9-96, 6-22-98, 1-25-00, 10-30-03, Formerly 3E-600.014, Amended 10-23-06, 5-15-07, 11-22-10, 11-11-13, 9-22-14, 5-6-15, 11-15-16, 11-26-19,                         .

     

    NAME OF PERSON ORIGINATING PROPOSED RULE: Alisa G. Goldberg, Director, Division of Securities

    NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Financial Services Commission

    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 22, 2020

    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 3, 2020

Document Information

Comments Open:
10/2/2020
Summary:
The proposed amended rules incorporate by reference the current versions of forms and other materials incorporated by reference, make a violation of SEC Rule 17a-14 (17 C.F.R. §240.17a-14) a prohibited business practice for dealers, clarify investment adviser record requirements, replace the terms “representative” and “investment adviser representative” for consistency, clarify the grandfathering provisions of the exam requirements for the registration of investment ...
Purpose:
The purpose and effect is to amend the existing rules to incorporate by reference the current versions of forms and other materials incorporated by reference, to make a violation of SEC Rule 17a-14 (17 C.F.R. §240.17a-14) a prohibited business practice for dealers, to clarify investment adviser record requirements, to replace the terms “representative” and “investment adviser representative” for consistency, to clarify the grandfathering provisions of the exam ...
Rulemaking Authority:
517.03(1), 517.12, 517.1201, 517.121, 517.1215, 517.1217, 517.1611, FS.
Law:
517.081, 517.12, 517.1201, 517.121, 517.1215, 517.1217, 517.161, 517.1611, FS.
Related Rules: (15)
69W-600.001. Application for Registration as a Dealer, Issuer/Dealer, or Investment Adviser
69W-600.0012. Application for Registration as a Dealer (Non-FINRA)
69W-600.0013. Application for Registration as an Issuer/Dealer
69W-600.0015. Canadian Dealer Notification
69W-600.0016. Application for Registration as an Investment Adviser (State Registered)
More ...