PURPOSE: This rule prohibits the custody of
clients' securities or funds by registered investment
advisers.
PUBLISHER'S NOTE: The secretary of state has
determined that the publication of the entire text of the material which is
incorporated by reference as a portion of this rule would be unduly cumbersome
or expensive. This material as incorporated by reference in this rule shall be
maintained by the agency at its headquarters and shall be made available to the
public for inspection and copying at no more than the actual cost of
reproduction. This note applies only to the reference material. The entire text
of the rule is printed here.
(1) Investment advisers may have custody or
possession of the securities or funds of a client if-
(A) The investment adviser maintains custody
or possession in accordance with the requirements set forth in 17 CFR
275.206(4)-2 ; and
(B) All items
required to be filed with the U.S. Securities and Exchange Commission (SEC)
under 17 CFR 275.206(4)-2 are filed, through the Investment Advisor
Registration Depository (IARD) System, with the commissioner.
(2) The specific citation to 17
CFR 275.206(4)-2 referenced in this rule and published on January 11, 2010,
shall apply and is hereby incorporated by reference as published by the Office
of the Federal Register, U.S. National Archives and Records, 700 Pennsylvania
Avenue NW, Washington, DC 20408. This rule does not incorporate any subsequent
amendments or additions.
Notes
15 CSR 30-51.100
AUTHORITY:
sections 409.4-411(f) and 409-6.605, RSMo Supp. 2011.* Original rule filed June
25, 1968, effective Aug. 1, 1968. Amended: Filed May 21, 1969, effective Aug.
1, 1969. Amended: Filed July 21, 1972, effective Aug. 1, 1972. Amended: Filed
Nov. 15, 1974, effective Nov. 25, 1974. Emergency amendment filed Aug. 27,
2003, effective Sept. 12, 2003, expired March 9, 2004. Amended: Filed Aug. 28,
2003, effective Feb. 29, 2004. Amended: Filed Sept. 1, 2005, effective Feb. 28,
2006. Amended: Filed May 1, 2012, effective Oct. 30,
2012.
AUTHORITY: sections
409.4-411(f) and 409-6.605, RSMo Supp. 2011.* Original rule filed June 25,
1968, effective Aug. 1, 1968. Amended: Filed May 21, 1969, effective Aug. 1,
1969. Amended: Filed July 21, 1972, effective Aug. 1, 1972. Amended: Filed Nov.
15, 1974, effective Nov. 25, 1974. Emergency amendment filed Aug. 27, 2003,
effective Sept. 12, 2003, expired March 9, 2004. Amended: Filed Aug. 28, 2003,
effective Feb. 29, 2004. Amended: Filed Sept. 1, 2005, effective Feb. 28, 2006.
Amended: Filed May 1, 2012, effective Oct. 30, 2012.