710 IAC 4-9-8 - Supervision of investment adviser representatives and employees
Authority: IC 23-19-6-5
Affected: IC 23-19
Sec. 8.
(a) Every
investment adviser registered or required to be registered under IC 23-19 shall
exercise diligent supervision over the investment advisory activities of its
investment adviser representatives and employees. Each investment adviser
representative and other office employees shall be subject to the supervision
of a designated supervisor.
(b)
Written procedures, a copy of which shall be kept in each business office,
shall be maintained and enforced and shall set forth the standards and
procedures adopted to comply with IC 23-19 and this rule, including, but not
limited to, the following:
(1) Administrative
review and written approval of all new client accounts.
(2) Periodic examination of client accounts
to detect and prevent irregularities or abuse.
(3) Prompt administrative review of all
customer complaints.
(4) Prompt
administrative review of correspondence pertaining to the solicitation and
execution of any securities transactions effected on behalf of
clients.
(5) The review and written
approval, by the designated supervisor, of the delegation by any client of
discretionary investment authority with respect to his or her account, and the
frequent, periodic examination of all the discretionary accounts to prevent
irregularities or abuses.
(c) Each office location shall be
periodically inspected by the investment adviser to assure that the written
procedures are enforced.
(d) It
shall be the responsibility of each investment adviser to ascertain that
investment adviser representatives have been properly registered prior to
rendering investment advice and that proof of registration is immediately
accessible prior to rendering the advice.
(e) It shall be the responsibility of each
investment adviser and their supervisory personnel to ensure that all employees
are properly trained regarding the disclosure requirements and the:
(1) administrative;
(2) civil; and
(3) criminal;
liability provisions of IC 23-19.
(f) For the purposes of this
section, no person shall be deemed to have failed to diligently supervise any
other person if as follows:
(1) There have
been established procedures, and a system for applying the procedures, that
would reasonably be expected to prevent and detect, insofar as practicable, any
violation by the other persons.
(2)
The person has reasonably discharged the duties and obligations incumbent upon
him or her by reason of the procedures and without reasonable cause to believe
that the procedures were not being complied with.
Notes
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