Title 3 . Commerce, Community, and Economic Development

Chapter 8 . Land Sales

Section 11. Initial applications and notices; effective dates of applications and notices

3 AAC 08.011. Initial applications and notices; effective dates of applications and notices

(a) This section sets out the regulatory requirements for submitting initial applications for broker-dealers, issuers, agents, state investment advisers, and investment adviser representatives. This section also sets out requirements for the administrator's acceptance of filing of initial notices by federal covered advisers. The section also establishes the effective dates of the initial applications and notices.

(b) An application for initial broker-dealer registration for broker-dealers that are not NASD members and are not required by federal law to become NASD members shall be made by submitting the following items to the administrator:

(1) a complete current, signed SEC Form BD, or its successor, with "AK" checked in item two of page two, and the appropriate schedules to the form;

(2) a copy of the most recent

(A) audited financial statements; and

(B) a SEC Form X-17A-5, or its successor, which is commonly known as the "focus report";

(3) documents showing that the applicant is registered with the SEC, if the applicant is not a member of the NASD and is not required by federal law to become an NASD member;

(4) applicable fees set out in 3 AAC 08.015.

(c) An application for initial registration for broker-dealers that are NASD members or are required by federal law to become NASD members must be made through the NASDR's Central Registration Depository (CRD), or any successor system. The broker-dealer shall comply with applicable NASD rules regarding filing requirements, dates, and payments of applicable fees set out in 3 AAC 08.015, and must check "AK" in item two of page two of SEC Form BD. The administrator will consider an application for registration filed on the date on which notice of intention to register in this state is received by the administrator from the NASD.

(d) Unless the application for initial broker-dealer registration is made effective earlier by the administrator, registration becomes effective at noon on the thirtieth day after an application is filed and the applicable fee set out in 3 AAC 08.015 is paid if

(1) a denial order is not in effect concerning the applicant;

(2) a proceeding is not pending under AS 45.55.060 concerning the applicant; and

(3) the administrator has not initiated an investigation of the application under AS 45.55.910 .

(e) A broker-dealer whose registration is effective in this state may file an initial agent registration by submitting the following items:

(1) if the broker-dealer is not an NASD member and is not required by federal law to become an NASD member, the broker-dealer must file with the administrator

(A) a signed, complete NASDR Form U-4 for each agent with "AK" checked as location for registration;

(B) documents demonstrating that each agent has passed the NASDR Series 63 examination and any other applicable NASDR examination; and

(C) the applicable fee as set out in 3 AAC 08.015 for each agent.

(2) if the broker-dealer is an NASD member or is required by federal law to become an NASD member, the broker-dealer must

(A) make application through the CRD, or its successor;

(B) comply with applicable NASD rules regarding filing requirements, dates, and payments of applicable fees set out in 3 AAC 08.015;

(C) submit documents demonstrating that each agent has passed the NASDR Series 63 or Series 66 examination and any other applicable NASDR examination.

(f) The administrator will consider an application for registration under (e)(2) of the section as filed with the administrator on the day on which notice of intention to register in this state is received by the administrator from the NASD.

(g) Initial registration of an agent under AS 45.55 becomes effective as follows:

(1) if the broker-dealer is not an NASD member and is not required by federal law to become an NASD member,

(A) if the agent is not seeking dual registration and has indicated no affirmative response to any part of question 23 of NASDR Form U-4, or its successor, the application for registration becomes effective as of

(i) the effective date of the registration for broker-dealer if both applications are submitted together; or

(ii) the date that the items in (e)(1) of this section are received by the administrator;

(B) if the agent is not seeking dual registration and has indicated an affirmative response to any part of question 23 of NASDR Form U-4, or its successor, unless the application is made effective earlier by the administrator, the registration becomes effective at noon on the thirtieth day after the application and the items in (e)(1) are filed, if

(i) a denial order is not in effect concerning the application;

(ii) a proceeding is not pending concerning the applicant under AS 45.55.060 ; and

(iii) the administrator has not initiated an investigation of the application under AS 45.55.910 ;

(2) if the broker-dealer is an NASD member or is required by federal law to become an NASD member,

(A) the application for registration becomes effective as of the date that

(i) the items in (e)(2) of this section are filed with the CRD, or its successor if the agent has indicated no affirmative response to any part of question 23 of NASDR Form U-4, or its successor; and

(ii) is not seeking dual registration;

(B) unless the application is made effective on the CRD earlier by the administrator, the application for registration becomes effective at noon on the thirtieth day after the application and items in (e)(2) are filed with the CRD if the agent is not seeking dual registration and has indicated an affirmative response to any part of question 23 of NASDR Form U-4 and

(i) a denial order is not in effect concerning the applicant;

(ii) a proceeding is not pending concerning the applicant under AS 45.55.060 ; and

(iii) the administrator has not initiated an investigation under AS 45.55.910 .

(h) An issuer may file initial application for registration of an agent with the administrator containing the following:

(1) a signed complete NASDR Form U-4, or its successor, for each agent;

(2) documents demonstrating that each agent has passed the NASDR Series 63 or Series 66 examination, unless waived by the administrator; and

(3) the applicable fees set out in 3 AAC 08.015 for each agent.

(i) Unless the administrator makes the issuer's initial application for registration of an agent effective earlier, the registration becomes effective at noon on the thirtieth day after the application and items listed in (h) are filed with the administrator if the agent is not seeking dual registration; and

(1) an affirmative response is not made to question 23 of NASDR Form U-4;

(2) a denial order is not in effect concerning the applicant;

(3) a proceeding is not pending concerning the applicant under AS 45.55.060 ; and

(4) the administrator has not initiated an investigation under AS 45.55.910 .

(j) A person may file an initial application to register as a state investment adviser by submitting the following with the administrator:

(1) a complete, current, signed SEC Form ADV, or it successor;

(2) a surety bond on a State of Alaska Form 08-100 or its successor, if required by 3 AAC 08.025;

(3) a complete, current, and signed NASDR Form U-4, or its successor, for each investment adviser representative together with evidence that the investment adviser representative has satisfied the qualification requirements of 3 AAC 08.013;

(4) applicable fees for the applicant and each investment adviser representative as set out in 3 AAC 08.015.

(k) Unless the administrator makes the application effective earlier, the registration for initial state investment adviser registration is effective at noon on the thirtieth day after an application is filed if

(1) the applicable fee set out under 3 AAC 08.015 has been paid;

(2) a denial order is not in effect concerning the applicant;

(3) a proceeding is not pending under AS 45.55.060 concerning the applicant; and

(4) the administrator has not initiated an investigation of the application under AS 45.55.910 .

( l ) Unless the administrator has set an earlier date, initial registration of the investment adviser representative is effective as follows:

(1) if the investment adviser representative is not seeking dual registration and has indicated no affirmative response to any part of question 23 of NASDR Form U-4, or its successor, the application for registration becomes effective as of the date of effectiveness of the registration of the state investment adviser if both applications are submitted together, or as of the date that the administrator receives all required items in this section and applicable fees if the state investment adviser is already registered under AS 45.55;

(2) if the investment adviser representative is not seeking dual registration and has indicated an affirmative response to any part of question 23 of NASDR Form U-4, or its successor, the registration is effective at noon of the thirtieth day after the application and items in (j)(3) and (j)(4) of this section are filed with the administrator if the registration as a state investment adviser is already effective; and

(A) a denial order is not in effect;

(B) a proceeding is not pending under AS 45.55.060 ; and

(C) the administrator has not initiated an investigation of the application under AS 45.55.910 .

(m) A federal covered adviser may file an initial notice to provide advisory services in this state by submitting an optional cover letter stating the notice of intent to provide advisory services as a federal covered adviser and filing the following with the administrator:

(1) a complete, current, signed SEC Form ADV, or its successor, as filed with the SEC, and a copy of the most current SEC Schedule I, or its successor;

(2) a complete, current, and signed NASDR Form U-4, or any similar document as filed with the SEC, for each investment adviser representative having a place of business in this state and evidence that the investment adviser representative has satisfied the qualification requirements of 3 AAC 08.013; and

(3) applicable fees for the federal covered adviser filing notice, and for each investment adviser representative as set out in 3 AAC 08.015.

(n) The initial notice given by federal covered adviser is effective as of the date of receipt of the notice by the administrator, or the date of filing with the SEC, whichever is later. The initial registration for investment adviser representatives of the federal covered adviser is effective in a manner essentially the same as for investment adviser representatives of state investment advisers described in ( l ) of this section.

(o) The administrator will, in the administrator's discretion, request the applicant to submit additional exhibits or information not specifically required but essential to a full presentation of all material facts relating to an applicant's qualifications. The applicant shall furnish to the administrator and properly identify as the additional exhibits or information requested by the administrator. The applicant may also furnish any other exhibits or information desired relating to the applicant's qualifications.

(p) The administrator will consider an application withdrawn if the

(1) application has been on file with the administrator for three months; and

(2) applicant has made no attempt to pass the required qualifying examination, if any.

History: Eff. 2/20/72, Register 41; am 10/1/99, Register 151; am 4/19/2000, Register 154

Authority: AS 45.55.040

AS 45.55.050

AS 45.55.060

AS 45.55.950

Editor's note: Effective Register 154 (July 2000), the revisor of regulations made technical amendment in 3 AAC 08.011 to reflect a manifest error in reference to a question number of NASDR Form U-4.