Ohio Admin. Code 1301:6-3-14.1 - Notice filing for certain investment advisers; duty to update
(A) The notice
filing specified in division (B) of section
1707.141
of the Revised Code shall:
(1) Consist of a
fully completed part 1 of the form ADV, uniform application for investment
adviser registration, fully completed schedules and disciplinary reporting
pages pertaining to part 1 of the form ADV, a fully completed execution page of
the form ADV, and a fully completed part 2A
of the form ADV; and a fully completed part 3 of Form
ADV; and
(2) Be submitted to
the division through the investment adviser registration depository, or IARD,
maintained by the financial industry regulatory authority.
(B) An investment adviser who is required to
make a notice filing with the division shall also submit to the division the
notice filing fee required by division (B)(4) of section
1707.17 of
the Revised Code.
(C) An investment
adviser who is required to make a notice filing with the division shall
simultaneously submit to the division through the IARD any updates or
amendments to the form ADV that are filed with the securities and exchange
commission.
(D) A notice filing
submitted to the division in accordance with the provisions of paragraphs (A)
and (B) of this rule shall be effective upon receipt by the division and shall
expire on December thirty-first of the year in which it was filed, unless
renewed prior to its expiration.
(E) A notice filing may be renewed prior to
December thirty-first of each year by submitting the notice filing fee required
by division (B)(4) of section
1707.17 of
the Revised Code through the renewals program of the IARD.
(F) A notice filing that has not been renewed
by December thirty-first shall be deemed by the division to be terminated as of
December thirty-first of the year in which it expired. An investment adviser
that has submitted a notice filing to the division may terminate the notice
filing by submitting a completed form ADV-W to the division through the
IARD.
(G) In addition to the notice
filing requirements of paragraphs (A) through
to (C) of this
rule , the division may require the filing of any other document filed or deemed
filed by the investment adviser with the securities and exchange
commission.
(H) A notice filing is
considered to have been made with the division when the investment adviser
selects "OH" in Item 2C of Part 1A of the form ADV, and the form ADV is
accepted by the IARD.
(I) Upon the
discontinuation of the employment or affiliation of a licensed investment
adviser representative, the investment adviser with which the investment
adviser representative was employed or affiliated shall, within thirty calendar
days of the discontinuation, submit to the division through the "IARD" a
request to cancel the license of the investment adviser representative. The
request shall be made on form U-5, "Uniform Termination Notice For Securities
Industry Registration" and shall become effective as described in paragraph
(J)(2) of rule
1301:6-3-15.1
of the Administrative Code.
Notes
Promulgated Under: 119.03
Statutory Authority: 1707.20
Rule Amplifies: 1707.141
Prior Effective Dates: 03/25/1999, 11/05/2001, 05/23/2003, 09/26/2015
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