HAR §16-38-54
HAR §16-38-54. Registration; expiration, renewal, termination
Cite as Haw. Code R. § 16-38-54
(a) All registrations
shall automatically expire on December 31 of each year, unless sooner terminated, and
shall be renewed by an investment adviser pursuant to section 16-38-40 or by a federal
covered adviser pursuant to section 16-38-33.5. An application for initial or renewal
registration shall not be considered filed until the required fee and all required
submissions have been received by the commissioner. Any registration of an investment
adviser representative that has not been renewed by December 31 shall be terminated
by the commissioner effective at 12:00 a.m., on December 31. An investment adviser
representative whose registration has been terminated based upon a failure to timely
renew such registration may apply for registration in accordance with the provisions of
this subchapter. The investment adviser representative is under a continuing obligation
§16-38-53
38-72
to update information required by Form U-4 as changes occur. An investment adviser
representative and the investment adviser shall file promptly with the IARD any
amendments to the representative's Form U-4. An amendment shall be considered to
be filed promptly if the amendment is filed within thirty days of the event that requires
the filing of the amendment.
(c)
An investment adviser representative's registration may be terminated at
any time prior to its expiration date by the investment adviser or federal covered adviser
employing the investment adviser representative by filing a Form U-5 with the
commissioner directly or through the IARD.
(d)
An investment adviser representative's registration shall not be
transferred. When a representative terminates an affiliation with the investment adviser
or federal covered adviser with whom the representative is registered, and wishes to be
employed by another investment adviser or federal covered adviser, a notice of
termination shall be filed with the commissioner. The representative may then reapply
for registration with another investment adviser or federal covered adviser by complying
with the requirements of this subchapter.
(e)
Termination of any investment adviser's registration or any federal
covered adviser's notice filing for any reason shall automatically constitute cancellation
of all investment adviser representatives registered thereunder.
(f)
When an investment adviser representative ceases those activities of a
representative, or the representative otherwise becomes ineligible to be registered,
notice shall be promptly filed with the commissioner on Form U-5 by
either the investment adviser representative, or the investment adviser or federal
covered adviser with whom the representative is registered. Unless another date is
indicated on the Form U-5, the termination of registration shall be effective upon the
commissioner's receipt of such form. In no event shall Form U-5 be filed with the
commissioner later than thirty days following the event or occurrence. [Eff and comp
10/12/85; am 4/4/87; am and comp 4/14/03] (Auth: HRS §485-2) (Imp: HRS
§485-14)
SUBCHAPTER 13
FINES AND PENALTIES