§ 7-11-209. Post-licensing requirements. (a)(1) The director may require by rule a licensed broker-dealer who is not registered under the Securities Exchange Act of 1934, 15 U.S.C. § 78a et seq., to maintain minimum net capital and a prescribed ratio between net capital and aggregate indebtedness that may vary with the type or class of broker-dealer.
(2) The director may require by rule a licensed investment adviser who is not registered under the Investment Advisers Act of 1940, 15 U.S.C. § 80b-1 et seq., to maintain a minimum net worth subject to the limitations set forth in § 222 of the Investment Advisers Act of 1940, 15 U.S.C. § 80b-18a.
(3) If a licensed broker-dealer or investment adviser knows, or has reasonable cause to know, that a requirement imposed on it under subsection (a) is not being met, the broker-dealer or investment adviser shall promptly notify the director of its current financial condition.
(b) The director may require by rule the furnishing of a fidelity bond from a broker-dealer who is not registered under the Securities Exchange Act of 1934, 15 U.S.C. § 78a et seq.
(c)(1) A licensed broker-dealer or investment adviser shall file with the director the financial and other information the director determines, by rule or order, to be necessary.
(2) A licensed broker-dealer required to file financial reports under the Securities Exchange Act of 1934, 15 U.S.C. § 78a et seq., may satisfy periodic financial report requirements of subsection (c) by filing with the director a copy of the financial reports filed under the Securities Exchange Act of 1934.
(3) A licensed investment adviser shall file with the director any financial reports, subject to the limitations of § 222 of the Investment Advisers Act of 1940, 15 U.S.C. § 80b-18a, that the director by rule or order requires.
(d)(1) A licensed broker-dealer or sales representative shall comply with the recordkeeping requirements of the Securities Exchange Act of 1934, 15 U.S.C. § 78a et seq. A licensed investment adviser subject to the limitations of § 222 of the Investment Advisers Act of 1940, 15 U.S.C. § 80b-18a, shall maintain records the director requires by rule or order.
(2) Required records may be maintained in any form of data storage if the records are readily accessible to the director.
(3) Required records must be preserved for any period that the director may require by rule or order, subject to the limitations of § 15 of the Securities Exchange Act of 1934, 15 U.S.C. § 78o, and § 222 of the Investment Advisers Act of 1940, 15 U.S.C. § 80b-18a, for broker-dealers and investment advisers, respectively.
(e) If the information contained in a document filed with the director as part of the application for licensing or under this section, except information the director excludes by rule or order, is inaccurate or incomplete in a material respect, the licensed person shall promptly file correcting information, unless notification of termination has been given under § 7-11-208(e).
History of Section. (P.L. 1990, ch. 460, § 2; P.L. 1997, ch. 69, § 1.)
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