Title 3 . Commerce, Community, and Economic Development

Chapter 8 . Land Sales

Section 14. Renewal of registration or notice; effective date of renewal or notice

3 AAC 08.014. Renewal of registration or notice; effective date of renewal or notice

(a) The administrator will, in the administrator's discretion, renew a registration of a broker-dealer, agent of a broker-dealer, or agent of an issuer as follows:

(1) an issuer or a broker-dealer that is also not registered with NASD or required by federal law to be registered with NASD may renew the registration of its agents by filing with the administrator a signed, complete NASDR Form U-4, or its successor, with "AK" checked, together with the applicable fee set out in 3 AAC 08.015;

(2) a broker-dealer that is also not registered with NASD or required to be registered with NASD may renew its registration by filing with the administrator a signed copy of the SEC Form BD together with the applicable fee set out in 3 AAC 08.015;

(3) a broker-dealer who is also registered with NASD shall renew its registration under this chapter and that of its agents through the CRD, or any successor system, and shall comply with applicable NASD rules regarding filing requirements, dates, and payments of applicable fees set out in 3 AAC 08.015; and

(4) the administrator will consider an application for renewal of registration as filed with the administrator on the day on which notice of intention to renew is received by the administrator from the NASD; the effective date of renewal of registrations filed through the CRD system is January 1, unless otherwise ordered by the administrator.

(b) A state investment adviser may renew its registration by submitting no later than December 1 of each year the following with the administrator:

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

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

(3) a list of the names and CRD numbers, if applicable, of currently registered investment adviser representatives previously approved by the administrator, with signed NASDR Form U-4, or its successor, showing any changes from an earlier submission;

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

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

(c) The effective date of renewal of registrations for state investment advisers and for their investment adviser representatives is January 1, unless otherwise ordered by the administrator.

(d) A federal covered adviser may renew its notice filing by providing no later than December 1 of each year an optional cover letter stating the renewal of notice of intent to provide advisory services as a federally covered adviser and by submitting the following with the administrator

(1) a signed page 1 of SEC Form ADV, and a copy of the most recent Schedule I, or its successor, for the federal covered adviser;

(2) a list of the names and CRD numbers, if applicable, of currently registered investment adviser representatives previously approved by this state, with signed NASDR Form U-4, or any similar document as filed with SEC, showing any changes from the information submitted previously to the administrator;

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

(4) applicable fees for the federal covered adviser to file renewal of notice and for each investment adviser representative as set out in 3 AAC 08.015.

(e) The effective date of renewal of a federal covered adviser notice and a renewal of registration for their investment adviser representatives is January 1, unless otherwise ordered by the administrator.

(f) If a registration for a broker-dealer, agent, state investment adviser, or investment adviser representative or a notice filing by a federal covered adviser is expired for one year or more, a holder of the expired registration or notice who wishes to reactivate it

(1) may not use the renewal procedures in this section; and

(2) must submit an initial application for registration or an initial notice as required by 3 AAC 08.011.

History: Eff. 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