|
| Home > Securities & Franchising > Licensing > Investment Adviser Guide |
|
Investment Adviser Guide Home De
Minimis Exemption |
FilingsUpdated 3/15/2002As of March 18, 2002, most investment adviser filings are made electronically via the Investment Adviser Registration Depository or IARD. Unless a hardship exemption has been granted, Form ADV Part 1, Form U4 and Form U5 must be submitted in electronic format--paper filings are not accepted. Form ADV Part II and branch office filings are still filed in paper form directly with the Division of Securities. Federal covered advisers are NOT required to file a copy of Form ADV Part II with the Division. If an individual meets the definition of an investment adviser representative, § 551.02(7m)(a), Wis. Stats., the firm must file a Form U-4 along with $30 for each investment adviser representative via IARD. The individual must meet the exam requirements for investment adviser representatives. They must have taken and passed either the Series 65 by itself or the Series 63 or 66 combined with the Series 7 (§ DFI-Sec 5.01(3) & (4), Wis. Adm. Code). Their qualifications are renewed at the same time as the firm's license application. If an individual who is licensed as an investment adviser representative either leaves the firm or is no longer acting as an investment adviser representative, the firm must file a Form U-5 via IARD within 15 days of the termination or change in status (§ DFI-Sec 5.08(2), Wis. Adm. Code). If this form is not filed within the time prescribed, the firm will be charged a delinquent filing fee of $100.00 (§ DFI-Sec 7.01(7)(e), Wis. Adm. Code). The Division must be notified of a change in the firm's designated supervisor
within 10 days from the date the person who was the designated supervisor
is no longer acting in that capacity. This filing must contain either
a new To withdraw the firm's investment adviser license, the firm must submit
a The firm must submit amendments to its Form ADV via the IARD within 30 days of the change. In addition, the firm is required to make an annual update to its Form ADV Part 1 via the IARD within 90 days of the end of its fiscal year. (§ DFI-Sec 5.01(2)(d)2., Wis. Adm. Code.) The investment adviser is required to file with the Division a copy of any complaint, civil or criminal proceeding against the firm, its directors, officers, partners or its investment adviser representatives within 20 days the complaint or proceeding is served on the investment adviser. A copy of any answer or reply to the complaint or proceeding is due in the Division within 10 days of the date the answer is filed. A copy of any decision, order or sanction regarding the complaint or proceeding is due in the Division within 20 days of the date of the decision, order or sanction is given. (§ DFI-Sec 5.04(2),Wis. Adm. Code). A notice of opening, closing or change of address of a Wisconsin office other than the home office of the adviser must be filed directly with the Division within 14 days of the change. See Branch Offices page for more details. Annual reports are NOT required to be filed with the Division unless the adviser has custody of clients funds or securities. See Custody section for more details. |
|