Definitions

Definitions A. Custody means holding directly or indirectly, client funds or securities, or having any authority to obtain possession of them (or having the ability to appropriate them). The investment adviser has custody if a related person holds, directly or indirectly, client funds or securities, or has any authority to obtain possession of them, in connection with advisory services the investment adviser provides to clients. B. Cybersecurity means the protection of investor and firm information from compromise through the use, in whole or in part, of electronic digital media, (e.g., computers, mobile devices, or internet protocol-based telephony systems). “Compromise” refers to a loss of data confidentiality, integrity, or availability. C. Investment Adviser: In order to provide uniform interpretation of the application of federal and state adviser laws to financial planners and other persons, the Division hereby expressly adopts Investment Advisers Act of 1940 Release No. 1092, 52 Fed. Reg. 38400 (October 8, 1987) (to be codified at 17 C.F.R pt. 276), as it relates to the definition of investment adviser set forth in Section 75-71-102(15) of the Act. D. Investment Adviser Representative: Notwithstanding Section 75-71-102(16) of the Act, the term investment adviser representative as it applies to a person who is employed by or associated with a federal covered investment adviser only includes an individual who has a place of business in this jurisdiction, as that term is defined in Subsection (E) below, and who either: 1. Is a supervised person of a federal covered adviser, as defined in Subsection (F) below; or 2. Is not a supervised person as defined in Subsection (F) below, but solicits, offers, or negotiates for the sale of or sells investment advisory services on behalf of a federal covered investment adviser. E. Place of Business means: 1. An office at which the investment adviser representative regularly provides investment advisory services, solicits, meets with, or otherwise communicates with clients; or 2. Any other location that is held out to the general public as a location at which the investment adviser representative provides investment advisory services, solicits, meets with, or otherwise communicates with clients. F. Supervised Person means any partner, officer, director (or other person occupying a similar status or performing similar functions), or employee of an investment adviser, or other person who provides investment advice on behalf of the investment adviser and is subject to the supervision and control of the investment adviser.