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Investment Adviser and
Investment Adviser Representative
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IMPORTANT: FORM ADV INFORMATION - posted 1/21/2011
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Pursuant to the instructions on the Form ADV, an Oklahoma registered investment adviser must file an annual updating amendment to its Form ADV within 90 days after
the end of its fiscal year. [Form ADV General Instructions No. 4.] All Form ADV filings must be made through the IARD.
An Oklahoma registered investment adviser needs to file a new Part 2 [rather than the old Part II] meeting the narrative disclosure requirements adopted by the SEC.
This can be done as soon as prepared but the deadline to file the brochure is 90 days after the end of the adviser’s fiscal year [the same deadline as the updating
amendment of Part I]. We will permit an extension to file the brochure supplements on the same schedule as permitted by the SEC. [The original deadline for the
brochure supplement was 60 days after the filing of the brochure.]
New applicants are required to file the new Part 2 as a part of their initial application.
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The required documentation to be filed with the Oklahoma
Department of Securities (Department) and the Investment Adviser Registration
Depository (IARD) for initial registration
as an investment
adviser and investment adviser representative is specified below.
I. State Registered Investment Advisers
A. Investment Adviser:
1. The
Form ADV,
parts 1 & 2, must be submitted via the IARD.
2. $300.00 filing fee must be submitted via the IARD; and
3. a copy of the investment adviser contract or agreement to
be used for Oklahoma clients must be submitted directly to the Department.
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NOTICE Effective July 1, 2004
The Applicant/Management Certification form for Investment Adviser
Representatives is not required for registration in Oklahoma.
There is no longer a designation for Notice-Listed Investment Adviser Representatives
of SEC Registered Investment Advisers. Only investment adviser
representatives who have a place of business in the state of Oklahoma
must register with SEC Registered Investment Advisers.
Solicitors must now register as investment adviser representatives of the firm(s) for which they solicit unless exempt pursuant
to 660:11-7-16 of the Rules or Section 1-404 of the Securities Act.
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If the investment adviser maintains custody or possession of
clients' funds or securities or requires prepayment of advisory fees six months or more in
advance and in excess of $500.00 per client, the investment adviser shall file audited
financial statements as of the end of the investment adviser's most recent fiscal year
updated as of a date within ninety (90) days of the date of application. Financial
statements include a balance sheet, statement of income, statement of retained earnings,
and changes in financial position as well as all related footnotes and supporting
schedules prepared in accordance with Generally Accepted Accounting Principles
(GAAP).
B. Investment Adviser Representatives:
1. a completed Form U-4 submitted via IARD with
the "Oklahoma" box checked and the "RA" box checked;
2. $50.00 filing fee to be paid directly to the IARD; and
3. proof of successful completion of Series 65
examination (or Series 66 and Series 7 examinations) or such other examination(s) or certifications
determined by the Administrator to be acceptable in lieu thereof.1
Any exam score that predates an initial application by more than 2 years will
not be recognized for the purpose of qualification for registration in this
state, in the absence of continuous registration as an investment adviser
representative in another jurisdiction since examination or continuous
registration as an agent with FINRA (Formerly NASD) or another
jurisdiction since examination.
C. Disclosures:
1. Investment advisers that must be registered in Oklahoma unless exempt must provide prospective investment advisory clients with a written disclosure statement [Brochure] as required in 660:11-7-43 of the Rules.
2. Investment advisers that must be registered in Oklahoma and that compensate persons for soliciting investment advisory services are required to have a written agreement covering such activities and to make written disclosure of this relationship, both as set forth in 660:11-7-47 of the Oklahoma Administrative Code. Their solicitors must present the relationship disclosure to prospective clients in addition to the Brochure referenced in C.1.
II. SEC Registered Investment Advisers
The required documentation to be filed with the Department
for an SEC Registered Adviser intending to transact business in this state as an
investment adviser is specified below (Notice Filing). An SEC Registered Adviser is a
person who is registered under Section 203 of the Investment Advisers Act of 1940 ( 1940 Act) or who is not registered under the
1940 Act because he is excepted from the definition of investment adviser under Section
202(a)(11) of the 1940 Act.
A. Investment Adviser Notice Filing:
1. The Form ADV Part 1 must be submitted via the IARD with the "Oklahoma"
Box checked.
2. an annual fee of $300.00, paid to the IARD
for registration in Oklahoma, as set forth in Section 1-612.A.5 of the Oklahoma Uniform
Securities Act of 2004; and
The Notice Filing is effective from its date of filing and
expires on December 31 of each year. "Date of filing" means the date all of
the required documentation has been submitted to the Administrator and payment of the
proper fees is made. The Notice Filing may be renewed annually as of January 1st as the
Administrator prescribes by rule.
B. Investment Adviser Representatives:
The Investment Advisers Supervision Coordination Act
preserves the state's authority to register or otherwise qualify an SEC Registered
Adviser's investment adviser representatives who have a place of business located
within this state. Based on the Investment Advisers Supervision Coordination Act and rules
adopted by the SEC, this authority is limited to supervised persons2
who have a place of business located within this state and more than 10% of whose clients
are natural persons. This authority does not encompass supervised persons who do not, on a
regular basis, solicit, meet with, or otherwise communicate with clients of the investment
adviser, or who provide only impersonal investment advice.
To file with the Department as an investment adviser representative of an SEC
Registered Adviser, the following must be submitted:
1. a completed Form U-4, submitted via IARD
with the "Oklahoma" box checked and the "RA" box checked;
2. $50.00 filing fee paid directly to the IARD; and
3. proof of successful completion of Series 65
(or Series 66 and Series 7 examinations) or such other examinations or certifications
determined by the Administrator to be acceptable in lieu thereof.1
Any exam score that predates an initial application by more than 2 years
will not be recognized for the purpose of qualification for registration in
this state, in the absence of continuous registration as an investment
adviser representative in another jurisdiction since examination or
continuous registration as an agent with FINRA or another
jurisdiction since examination.
III. Renewal Information for Investment Advisers
To renew registration or notice filing of the
Investment Adviser, pay a renewal fee of $300
for an investment adviser to the IARD.
To renew registration of the
investment adviser representatives, pay a renewal fee of $50 for each
investment adviser representative to the IARD.
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1 The following certifications have been so
determined: Certified Financial Planner (CFP); Chartered Financial Consultant (ChFC);
Personal Financial Specialist (PFS); Chartered Financial Analyst (CFA); and Chartered
Investment Counselor (CIC).
2 As set forth
in the Coordination Act, "supervised person means any partner, officer,
director (or other person occupying a similar status or performing similar functions), or
employee of an investment adviser, or other person who provides investment advice on
behalf of the investment adviser and is subject to the supervision and control of the
investment adviser."
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