710 IAC 4-9-3 - Termination or withdrawal from registration

Authority: IC 23-19-6-5

Affected: IC 23-19

Sec. 3.

(a) Any investment adviser who does not wish to renew its registration under IC 23-19 shall file with the commissioner, or with a central registration depository system designated by the commissioner, on or before December 31 of the year in which its current registration expires, a Form ADV-W, Notice of Withdrawal of Registration as an Investment Adviser promulgated by the SEC at 17 CFR 279.2, or any successor form prepared in accordance with the instructions.

(b) Any investment adviser who is no longer in existence or is not engaged in business as an investment adviser shall, upon the cessation, file with the commissioner or with a central registration depository system designated by the commissioner, a Form ADV-W or any successor form prepared in accordance with the instructions.

(c) Any investment adviser representative who does not wish to renew registration pursuant to IC 23-19 or who wishes to terminate a current registration shall file Form U-5, Uniform Termination Notice for Securities Industry Regulation, or any successor form with the commissioner or with a central registration depository system designated by the commissioner on or before December 31 of the year in which the current registration expires for nonrenewal or upon termination.

(d) Every notice filed under this rule shall become effective on the thirtieth day after filing or within a shorter period of time as the commissioner may determine. If prior to the effective date of a notice of withdrawal, the commissioner has instituted a proceeding to suspend or revoke registration or to impose terms or conditions upon withdrawal under IC 23-19, the notice of withdrawal shall not become effective except at the time and upon the terms and conditions as the commissioner deems necessary or appropriate in the public interest or for the protection of investors.

Notes

710 IAC 4-9-3

Securities Division; 710 IAC 4-9-3; filed Jun 28, 2010, 2:36 p.m.: 20100728-IR-710100044FRA Readopted filed 5/12/2016, 1:47 p.m.: 20160608-IR-710160136RFA Readopted filed 11/30/2022, 4:01 p.m.: 20221228-IR-710220301RFA