1 MAC Pt. 14, R. 6.05
Application for Investment Adviser Registration
Cite as 1 Miss. Admin. Code Pt. 14, R. 6.05
Application for Investment Adviser Registration.
A.
Initial Application. The application for initial registration as an investment adviser
pursuant to Section 75-71-406 of the Act shall be made by filing Form ADV Parts 1
and 2 (Uniform Application for Investment Adviser Registration) electronically with
IARD and paying the applicable fee. The application for initial registration shall also
include the following, which shall be filed directly with the Division:
1.
A copy of the entity’s formation documents currently in effect, certified by the
governmental agency where filed.
2.
Where the adviser does not have custody of client funds or securities or does not
require payment of advisory fees six (6) months or more in advance and in
excess of Twelve Hundred Dollars ($1,200.00), a balance sheet as of the end of
the investment adviser’s most recent fiscal year. Each balance sheet filed
pursuant to this Rule must be:
a.
Prepared in conformity with generally accepted accounting principles;
b.
Certified with an original notarized signature by an officer of the adviser
as true, accurate, and prepared in conformity with generally accepted
accounting principles; and
c.
Dated not more than forty-five (45) days prior to submission of Form
ADV.
3.
Where the adviser has custody of client funds or securities or requires payment
of advisory fees six (6) months or more in advance and in excess of Twelve
Hundred Dollars ($1,200.00), each balance sheet filed pursuant to this Rule must
be:
a.
Audited in accordance with Rule 6.11(C)(1)-(3); and
b.
Dated no more than forty-five (45) days prior to submission of Form
ADV.
c.
If the audited balance sheet is dated more than forty-five (45) days prior to
submission of Form ADV, a current certified unaudited balance sheet
must also be submitted.
d.
An adviser in existence less than a year at the time of initial filing must
submit a current certified unaudited balance sheet accompanied by a
designation of the accountant who will perform the applicant’s first annual
audit.
4.
A copy of the surety bond required by Rule 6.07, if applicable.
5.
Copies of all standard advisory contracts.
6.
A list of persons, including their CRD numbers, whom the adviser intends to
register as investment adviser representatives in this state.
7.
Any other information the Division may reasonably require.
B.
Annual Renewal. The application for annual renewal registration as an investment
adviser shall be filed electronically with IARD and shall include the fee required by