Sec. 260.240 - Consent to Service of Process

ยง 260.240. Consent to Service of Process

(a) An investment adviser's electronic signature on the Execution Page of Form ADV (Uniform Application for Investment Adviser Registration (17 CFR 279.1), filed with the Investment Adviser Registration Depository ("IARD"), shall constitute the consent to service of process required under Section 25240 of the Code. If an investment adviser has not filed Form ADV with IARD, then the consent to service of process required by Section 25240 of the Code shall be the investment adviser's written signature on the Execution Page of Form ADV filed with the Commissioner.

(b) A broker-dealer's electronic signature on the Execution Page of Form BD (Uniform Application for Broker-Dealer Registration (17 CFR 249.501) in the Central Registration Depository ("CRD") shall constitute the consent to service of process required under Section 25240 of the Code. If the broker-dealer does not file its Form BD with CRD, then the consent to service of process required by Section 25240 of the Code shall be the broker-dealer's written signature on the Execution Page of Form BD filed with the Commissioner.

(1. Editorial correction adding NOTE filed 4-6-83 (Register 83, No. 15). 2. Repealer and new section and amendment of Note filed 3-4-2003; operative 4-3-2003 (Register 2003, No. 10). 3. Amendment of section and Note filed 9-24-2009; operative 10-24-2009 (Register 2009, No. 39).)

Note: Authority cited: Sections 25240, 25610 and 25612.5, Corporations Code. Reference: Section 1633.7, Civil Code; and Sections 25211,25231, 25240, 25612.3 and 25612.5, Corporations Code.

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