Or. Admin. Code § 441-175-0060 - Licensing Rule Implementing, 1997 Oregon Laws Chapter 772 and the National Markets Improvement Act of 1996
(1) A FINRA broker dealer is not required to
comply with the corporate surety bond, irrevocable letter of credit or net
capital requirements for licensing in this state as described in OAR
441-175-0080 or
441-175-0110.
(2)
(a) A
federal covered investment adviser that makes a notice filing under ORS
59.165(7) and
section (4) of this rule does not have to comply with OAR
441-175-0100 and
441-175-0110.
(b) A state investment adviser who has a
principal place of business in a state other than this state and complies with
that state's bonding or net capital requirements is not required to comply with
the corporate surety bond, irrevocable letter of credit or net capital
requirements for licensing in this state in OAR
441-175-0100 and
441-175-0110.
(c) An out-of-state state investment adviser
that is not exempt under the "de minimis" exemption of ORS
59.015(20)(b)(J)
must license in this state and can only operate in this state through an
investment adviser representative licensed in this state.
(3) Surety bonds currently in effect in
Oregon filed by a broker-dealer, federal covered investment adviser or
out-of-state state investment adviser that no longer has to file a bond or
letter of credit under ORS
59.175 and this rule shall
continue in effect until canceled. However, the liability on the bond or letter
of credit continues for six years following its cancellation.
(4)
(a)
Notice filing by a federal covered investment adviser will be accepted by the
director through IARD using a Form ADV and shall include the fee required by
OAR 441-175-0002.
(b) The renewal of the notice filing for a
federal covered investment adviser will be accepted by the director through
IARD and shall include the fee required under OAR
441-175-0002.
Notes
Forms referenced are available from the agency.
Stat. Auth.: ORS 59.165 & 59.285
Stats. Implemented: ORS 59.165
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