Haw. Code R. § 16-38-35 - Registration; application
(a) An application
for registration shall be filed on Form ADV, which shall be filed with the
commissioner directly or through the IARD and shall contain the information
requested therein concerning the applicant's identification, qualification,
business association, history, experience, and financial condition.
(b) The application shall be filed together
with the following:
(1) An application fee of
$100 as provided in section 16-38-3;
(2) Evidence of compliance with all
applicable requirements of subsections 16-38-34(d) to (g);
(3) Financial statements consisting of
either:
(A) A balance sheet as of a date
within thirty days of filing, or if the applicant has been engaged in business
one year or more preceding, a balance sheet certified by an independent public
accountant as of the last fiscal year, together with a balance sheet verified
by the applicant as of a date within thirty days of filing. However, if the
applicant does not have custody or discretionary authority over client funds,
the adviser need only file financial statements verified by the adviser;
or
(B) If the adviser maintains its
principal place of business in a state other than this State, and if the
adviser is registered in the other state and is in compliance with the other
state's financial reporting requirements, if any, a copy of the adviser's most
recent financial statement filed with the state where the adviser maintains its
principal place of business; and
(c) Additional exhibits or
information not specifically required by the application may be submitted by
the applicant.
(d) The commissioner
may require the applicant to file additional information if such information is
necessary for the commissioner to determine whether to approve or deny the
application. In accordance with the provisions of section 16-38-4.5, any
additional information requested by the commissioner shall be requested by the
commissioner in writing within sixty days of receipt of the
application.
(e) The application
for annual renewal registration as an investment adviser shall be filed with
the IARD together with the applicable fee set forth in section
16-38-3.
(f) An application for
initial or renewal registration shall not be considered filed until the
required fee and all required submissions have been received by the
commissioner.
(g) Registrations of
investment advisers, including renewals, on or after July 1, 2001 shall be
filed through the IARD.
Notes
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