Utah Admin. Code R164-4-1 - Broker-Dealer, Broker-Dealer Agent, and Issuer-Agent Licensing Requirements
(A) Authority and
purpose
(1) The Division enacts this rule
under authority granted by Sections
61-1-4,
61-1-5,
61-1-6, and
61-1-24.
(2) This rule sets forth the procedure and
requirements to license as a broker-dealer, broker-dealer agent, or
issuer-agent.
(B)
Definitions
(1) "Division" means the Division
of Securities, Utah Department of Commerce.
(2) "CRD" means the Central Registration
Depository.
(3) "FINRA" means the
Financial Industry Regulatory Authority, formerly known as NASD.
(4) "NASAA" means the North American
Securities Administrators Association, Inc.
(5) "SEC" means the United States Securities
and Exchange Commission.
(C) Broker-dealer licensing, post licensing,
renewal, and withdrawal requirements
(1)
License requirements
(1)(a) To license as a
broker-dealer, applicant must be a member of FINRA and submit to the CRD the
following:
(1)(a)(i) SEC Form BD - Uniform
Application for Broker-Dealer Registration;
(1)(a)(ii) application for a license as an
agent in Utah, as specified in paragraph (D), for each principal, officer,
agent or employee who directly supervises, or will directly supervise, any
licensed agent associated with applicant in Utah; and
(1)(a)(iii) a license fee as specified in the
Division's fee schedule, and in the form of payment prescribed by the
CRD.
(1)(b) A
certificate of license will not be issued. Proof of status is available from
the CRD.
(2)
Post-licensing requirements
(2)(a) Applicant
must file amendments to SEC Form BD with the CRD only.
(2)(b) Applicant must file SEC Form X-17A-5,
FOCUS reports in a timely manner with FINRA. However, the Division may request
applicant to provide a copy of the FOCUS Report.
(3) License renewal requirements
(3)(a) All licenses expire on December 31 of
each year.
(3)(b) To renew a
license, applicant must submit to the CRD the license fee specified in the
Division's fee schedule before December 31.
(4) License or application withdrawal
requirements
(4)(a) To withdraw a license or
application, applicant must file with the CRD, or with the Division if not
required by the CRD, SEC Form BDW - Uniform Request for Withdrawal from
Registration as a Broker-Dealer.
(4)(b) A withdrawal is effective 30 days
following receipt of SEC Form BDW, unless the Division notifies applicant
otherwise.
(D) Broker-dealer agent licensing, renewal,
and withdrawal requirements
(1) License
requirements
(1)(a) To license as a
broker-dealer agent, applicant or the sponsoring broker-dealer must submit to
the CRD the following, in addition to any information required by FINRA, the
CRD, or the SEC:
(1)(a)(i) FINRA Form U-4 -
Uniform Application for Securities Industry Registration or Transfer;
(1)(a)(ii) proof that applicant passed the
Series 63, Uniform Securities Agent State Law Examination (Series 63 Exam), or
the Series 66, Uniform Combined State Law Examination (Series 66 Exam), which
are administered by FINRA, and any other exams required by the SEC or FINRA;
and
(1)(a)(iii) a license fee as
specified in the Division's fee schedule, and in the form of payment prescribed
by the CRD.
(1)(b) A
certificate of license will not be issued. Proof of status is available from
the CRD.
(2) License
renewal requirements
(2)(a) All licenses
expire on December 31 of each year.
(2)(b) To renew a license, applicant must
submit to the CRD the license fee specified in the Division's fee schedule
before December 31.
(3)
License or application withdrawal requirements
(3)(a) To withdraw a license or application,
applicant must file with the CRD, FINRA Form U-5 - Uniform Termination Notice
for Securities Industry Registration.
(3)(b) A withdrawal is effective 30 days
following receipt of FINRA Form U-5, unless the Division notifies applicant
otherwise.
(4)
Miscellaneous provisions
(4)(a) Except as
provided in subparagraph (D)(4)(b), applicant may associate with only one
broker- dealer at a time.
(4)(b) A
dual license may be allowed by the director if:
(4)(b)(i) applicant requests a dual license
in writing to the Division which identifies the broker- dealers with which
applicant will associate and sets forth the reasons for the dual
license;
(4)(b)(ii) both
broker-dealers with which applicant intends to associate represent in writing
to the Division that each assumes full responsibility for applicant at all
times; and
(4)(b)(iii) applicant
discloses the dual license to each client.
(E) Issuer-agent licensing,
renewal, and withdrawal requirements
(1)
License requirements
(1)(a) To license as an
issuer-agent, applicant or the sponsoring issuer must submit to the Division
the following:
(1)(a)(i) FINRA Form U-4 with
original signatures;
(1)(a)(ii)
proof that applicant passed the Series 63 Exam or the Series 66 Exam;
(1)(a)(iii) a license fee as prescribed in
the Division's fee schedule; and
(1)(a)(iv) a surety bond if required by
Section
R164-11-1.
(2) License renewal
requirements
(2)(a) All licenses expire on
December 31 of each year.
(2)(b) To
renew a license, applicant must submit to the Division the following before
December 31 of each year:
(2)(b)(i) FINRA Form
U-4 with original signatures; and
(2)(b)(ii) The license fee specified in the
Division's fee schedule.
(3) License or application withdrawal
requirements
(3)(a) To withdraw a license or
application, applicant must file with the Division a written request for
withdrawal or FINRA Form U-5.
(3)(b) A withdrawal is effective thirty days
following receipt of the written request for withdrawal, unless the Division
notifies applicant otherwise.
(4) Miscellaneous provisions
(4)(a) If applicant applies for a license two
or more times in a twelve-month period, the Division deems applicant to be a
broker-dealer. Applicant must then license as a broker-dealer.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.