Custody of Securities or Funds by Investment Advisers

PURPOSE: This rule prohibits the custody of clients’ securities or funds by registered investment advisers. 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. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here. (1) Investment advisers may have custody or possession of the securities or funds of a client if— (A) The investment adviser maintains custody or possession in accordance with the requirements set forth in 17 CFR 275.206(4)-2; and (B) All items required to be filed with the U.S. Securities and Exchange Commission (SEC) under 17 CFR 275.206(4)-2 are filed, through the Investment Advisor Registration Depository (IARD) System, with the commissioner. (2) The specific citation to 17 CFR 275.206(4)-2 referenced in this rule and published on January 11, 2010, shall apply and is hereby incorporated by reference as published by the Office of the Federal Register, U.S. National Archives and Records, 700 Pennsylvania Avenue NW, Washington, DC 20408. This rule does not incorporate any subsequent amendments or additions. AUTHORITY: sections 409.4-411(f) and 409-6.605, RSMo Supp. 2011.* Original rule filed June 25, 1968, effective Aug. 1, 1968. Amended: Filed May 21, 1969, effective Aug. 1, 1969. Amended: Filed July 21, 1972, effective Aug. 1, 1972. Amended: Filed Nov. 15, 1974, effective Nov. 25, 1974. Emergency amendment filed Aug. 27, 2003, effective Sept. 12, 2003, expired March 9, 2004. Amended: Filed Aug. 28, 2003, effective Feb. 29, 2004. Amended: Filed Sept. 1, 2005, effective Feb. 28, 2006. Amended: Filed May 1, 2012, effective Oct. 30, 2012. *Original authority: 409.4-411, RSMo 2003 and 409.6-603, RSMo 2003.