PURPOSE: This rule prescribes the content of
financial statements filed by persons applying for registration, and by persons
registered, as broker-dealers.
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. Therefore, the material which is so incorporated is on file with
the agency who filed this rule, and with the Office of the Secretary of State.
Any interested person may view this material at either agency's headquarters or
the same will be made available at the Office of the Secretary of State at a
cost not to exceed actual cost of copy reproduction. The entire text of the
rule is printed here. This note refers only to the incorporated by reference
material.
(1) A financial
statement shall consist of a balance sheet, a profit and loss statement,
statement of change in financial condition, certified unless otherwise
prescribed in this rule or permitted by the commissioner (section
409.858,
RSMo).
(2) Every applicant for
initial registration as broker-dealer shall file a financial statement as
follows:
(A) As to initial registration as a
broker-dealer, the applicant shall file a certified financial statement as of a
date within thirty (30) days prior to the filing; provided if the applicant has
been engaged in business one (1) year or more, s/he may file a certified
financial statement as of the end of his/her last fiscal period together with a
balance sheet, which need not be certified, as of a date within thirty (30)
days prior to the filing; and
(B)
If the annual financial statement is more than six (6) months old, s/he shall
also file a semi-annual financial statement, which need not be certified. The
semi-annual financial statement may consist wholly of a completed FOCUS report
for that period.
(3)
Every registered broker-dealer shall file a certified financial statement
within ninety (90) days after the end of its fiscal period, unless an extension
of time is granted upon written request.
(4) A net capital computation (FOCUS Report,
Form X-17A-5), as of the date of the balance sheet, shall accompany the
financial statements.
(5)
Registered broker-dealers shall file a semi-annual financial statement, which
need not be certified, within sixty (60) days after the end of the six
(6)-month period following the end of the fiscal year. A completed FOCUS report
may be substituted for semiannual net capital computations and financial
statements.
(6) Every applicant for
renewal registration as broker-dealer shall file a financial report consisting
of a balance sheet and net capital computation, or a completed FOCUS report, as
of a date within sixty (60) days of the date of filing.
