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- Alaska Statutes.
- Title 45. Trade and Commerce
- Chapter 55. Alaska Securities Act
- Section 40. Registration Procedure; Notice Filing.
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Section 35. Limited Registration of Canadian Broker-Dealers and Agents.
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Section 50. Post-Registration Provisions.
AS 45.55.040. Registration Procedure; Notice Filing.
- (a) A broker-dealer, agent, investment adviser representative, or state investment adviser may obtain an initial or
renewal registration by filing with the administrator an application together with a consent to service of process
under AS 45.55.980
(g). The application must contain whatever information the administrator by regulation may require concerning such
matters as
- (1) the applicant's form and place of organization;
- (2) the applicant's proposed method of doing business;
- (3) the qualifications and business history of the applicant; in the case of a broker-dealer or state investment adviser,
the qualifications and business history of a partner, officer, or director, any person occupying a similar status or
performing similar functions, or any person directly or indirectly controlling the broker-dealer or state investment
adviser;
- (4) an injunction or administrative order or conviction of a misdemeanor involving a security or any aspect of the
securities business and any conviction of a felony;
- (5) the applicant's financial condition and history; and
- (6) if the applicant is a state investment adviser, any information to be furnished or disseminated to a client or
prospective client.
- (b) The administrator may by regulation or order require an applicant for initial registration to publish an announcement
of the application in one or more specified newspapers published in this state.
- (c) A broker-dealer, an agent, an investment adviser representative, and a state investment adviser applicant for initial
or renewal registration shall pay a registration fee established by the department by regulation. A person acting as a
federal covered adviser in this state shall pay a fee for an initial and renewal notice filing under (h) of this
section as required by the administrator by regulation.
- (d) A registered broker-dealer, state investment adviser, or a federal covered adviser who has filed notice under this
chapter may file an application for registration or notice filing, as applicable, of a successor for the unexpired
portion of the year regardless of whether the successor is then in existence. A broker-dealer may file a request to
transfer from a previous broker-dealer an agent's unexpired portion of the registration if the provisions of AS 45.55.030
(b) have been met. A state investment adviser may file an application to transfer from a predecessor state investment
adviser or federal covered adviser the investment adviser representative's unexpired portion of the registration. The
department shall establish by regulation the filing fee for filing applications under this subsection.
- (e) The administrator may by regulation or order require a minimum level of capitalization for registered broker-dealers,
subject to the limitations of 15 U.S.C. 78o (Securities Exchange Act of 1934), and establish minimum financial
requirements for state investment advisers, subject to the limitations of 15 U.S.C. 80b-18a (Investment Advisers Act of
1940). The financial requirements may differ for those state investment advisers who have discretionary authority over
or maintain custody of clients' funds or securities and those who do not.
- (f) The administrator may by regulation or order require registered broker-dealers and agents to post a bond in an amount
the administrator may prescribe subject to the limitations provided in 15 U.S.C. 78o (Securities Exchange Act of 1934).
The administrator may determine the conditions of the bond. The administrator shall accept any appropriate deposit of
cash or securities from a registered broker-dealer or agent in place of a required bond. A bond may not be required of
a registrant whose net capital exceeds the amounts required by the administrator. A bond must provide for suit on it by
a person who has a cause of action under AS 45.55.930
and, if required by the administrator by regulation, by a person who has a cause of action not arising under this
chapter. A bond must provide that a suit may not be maintained to enforce a liability on the bond unless brought within
three years after the sale or other act on which it is based.
- (g) The administrator may permit initial and renewal registration and notice filings required for state investment
advisers, federal covered advisers, investment adviser representatives, broker-dealers, and agents under this chapter
to be filed with the United States Securities and Exchange Commission, the National Association of Securities Dealers,
or other similar authority. The administrator may accept uniform securities examinations or other procedures designed
to implement a uniform national securities regulatory system or facilitate common practices and procedures among the
states, including participation in joint, coordinated securities examinations with other states.
- (h) Except with respect to federal covered advisers whose only clients are those described in AS 45.55.030
(c)(2), before acting as a federal covered adviser in this state, a federal covered adviser shall file with the
administrator those documents that have been filed with the United States Securities and Exchange Commission as the
administrator, by regulation, by order, or otherwise, may require.
- (i) The administrator shall by regulation or order specify procedures, fees, and an effective date for registrations,
notice filings under this section, transfers of agents, and other registrations or notice filings allowed or required
under this chapter.
- (j) The administrator may by regulation or order require registered state investment advisers who have custody of or
discretionary authority over clients' funds or securities to post a bond in an amount the administrator may establish
subject to the limitations provided in 15 U.S.C. 80b-18a (Investment Advisers Act of 1940). The administrator may
determine the conditions of the bond. The administrator shall accept any appropriate deposit of cash or securities in
place of a required bond. A bond may not be required of a registered state investment adviser whose minimum financial
condition, which may be defined by regulation, or net capital exceeds the amounts required by the administrator. A bond
must provide for suit on it by a person who has a cause of action under AS 45.55.930
and, if required by the administrator by regulation, by a person who has a cause of action not arising under this
chapter. A bond must provide that a suit may not be maintained to enforce a liability on the bond unless brought within
three years after the sale or other act on which it is based.
- (k) The administrator shall require an applicant for registration under AS 45.55.030
- 45.55.060 to submit the applicant's fingerprints
and the fees required by the Department of Public Safety under AS 12.62.160 for criminal justice information and a national
criminal history record check. The administrator shall submit the fingerprints and fees to the Department of Public
Safety for a report of criminal justice information under AS 12.62 and a national criminal history record check under AS 12.62.400
.
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