[§485A-404] Investment adviser representative registration requirement and exemptions.

356 words·~2 min read·/hi/485a-404

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)It is unlawful for an individual to transact business in this State as an investment adviser representative unless the individual is registered under this chapter as an investment adviser representative or is exempt from registration as an investment adviser representative under subsection (b).

(b)The following individuals are exempt from the registration requirement of subsection (a):

(1)An individual who is employed by or associated with an investment adviser that is exempt from registration under section 485A-403(b) or a federal covered investment adviser that is excluded from the notice filing requirements of section 485A-405; or

(2)Any other individual exempted by rule adopted or order issued under this chapter.

(c)The registration of an investment adviser representative is effective only while the investment adviser representative is employed by or associated with an investment adviser registered under this chapter or a federal covered investment adviser that has made or is required to make a notice filing under section 485A-405.

(d)If an individual transacts business as an investment adviser representative for more than one investment adviser or federal covered investment adviser, the investment advisers and federal covered investment advisers shall be jointly and severally liable for the business transactions of the investor adviser representative unless otherwise agreed to between the investment adviser representative, investment advisers, and federal covered investment adviser.

(e)It is unlawful for an individual acting as an investment adviser representative, directly or indirectly, to conduct business in this State on behalf of an investment adviser or a federal covered investment adviser if the registration of the individual as an investment adviser representative is suspended or revoked or the individual is barred from employment or association with an investment adviser or a federal covered investment adviser by an order under this chapter, the Securities and Exchange Commission, or a self-regulatory organization. Upon request from a federal covered investment adviser and for good cause, the commissioner, by order issued, may waive, in whole or in part, the application of the requirements of this subsection to the federal covered investment adviser. [L 2006, c 229, pt of §1]