Purpose


The Office proposes to amend rules 69W-600.0131, .0132, and .014; repeal rules 69W-600.015 and .016, and create new rules 69W-600.0151 and .0161. Rule 600.0131 is proposed to be amended to require Florida state registered investment advisers to comply with SEC Rules 204-1 and 206(4)-7, which currently require federal covered advisers to, among other things, annually file amendments to their registration form (Form ADV) and adopt and implement compliance procedures and practices, respectively. The Office proposes to amend Rule 600.0132 relating to custody requirements for investment advisers to conform the current rule more closely with the NASAA model rule, including adding a requirement for investment advisers with custody who do not meet certain exceptions to have an annual independent verification of client funds and securities. Rule 69W-600.014 is proposed for amendment to add certain recordkeeping requirements for investment advisers who inadvertently hold or obtain client securities or funds, in accordance with NASAA model rules. Finally, the Office proposes to repeal current financial reporting rules 69W-300.002 and 69W-600.015 and net capital rule 69W-600.016, to be replaced by proposed new consolidated net capital/financial reporting rules in 69W-600.0151 and 69W-600.0161 for dealers/issuer-dealers and investment advisers, respectively. The purpose and effect of these changes are to remove outdated requirements, implement clearer requirements as to financial reporting and calculation of net capital, and improve rule organization by consolidating rules on the same subject while creating separate rules by registration type.