Investment Adviser and
Investment Adviser Representative

IMPORTANT: FORM ADV INFORMATION - posted 1/21/2011  Show/Hide

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.

 

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.

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.

  • 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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