reglab/statecodes huggingface dataset:
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69W - Securities › Chapter 69W-200 - DEFINITIONS › Section 69W-200.001 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
As used in Chapter 517, F.S., and the rules promulgated
				  thereunder, unless the context otherwise specifically requires:
(1) "Accredited Investor" is defined pursuant
				to S.E.C. Rule 501(a) of Regulation D (17 C.F.R. §
										230.501(a)), which is
				incorporated by reference in Rule
				69W-200.002, F.A.C.
(2) "Advertising" means any circular,
				prospectus, advertisement or other material or any communication by radio,
				television, internet, pictures or similar means used in connection with a sale
				or purchase or an offer to sell or purchase any security.
(3) "Aggregate Indebtedness" is defined
				pursuant to S.E.C. Rule 15c3-1 ( 17 C.F.R. §240.15c3-1), which is
				incorporated by reference in Rule 69W-200.002, F.A.C.
(4) "Applicant" shall mean a person executing
				or submitting an application for registration.
(5)
(a)
				"Associated person" as defined in
				517.021(3),
				F.S., shall include any person who for compensation refers for the purchase or
				sale of securities and/or of investment advisory services. A person whose
				activities fall within this definition is required to register with the Office
				of Financial Regulation as an associated person pursuant to Section
				517.12(1) or
				(3), F.S.
(b) A natural person receiving compensation
				from a federal covered adviser or an investment adviser acting in compliance
				with S.E.C. Rule 206(4)-1 ( 17 C.F.R. §275.206(4)-1), which is
				incorporated by reference in Rule 69W-200.002, F.A.C., shall not be deemed an
				associated person of such investment adviser or federal covered
				adviser.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69W - Securities › Chapter 69W-300 - APPLICATIONS › Section 69W-300.002 - Financial Statements and Reports (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 517.03 FS. Law Implemented 517.081,
					 517.12 FS.
New 12-5-79, Amended 9-20-82, Formerly 3E-300.02, Amended
					 6-28-93, 11-22-93, 12-24-95, 9-19-00, 10-30-03, Formerly 3E-300.002, Amended
					 5-15-07, 9-30-10, 9-22-14, Repealed
					 5-6-15.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69W - Securities › Chapter 69W-300 - APPLICATIONS › Section 69W-300.003 - Refunds of Fees, Files Denied or Withdrawn (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 517.03(1) FS. Law Implemented 517.081,
					 517.082, 517.12, 517.131, 517.315 FS.
New 12-5-79, Formerly 3E-300.03, Amended 7-31-91, 10-1-96,
					 10-20-97, 10-30-03, Formerly 3E-300.003, Repealed
					 9-30-10.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69W - Securities › Chapter 69W-301 - PROCEDURAL RULES FOR PROCESSING › Section 69W-301.001 - Scope (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 517.03(1) FS. Law Implemented 517.081,
					 517.12 FS.
New 9-20-82, Formerly 3E-301.01, 3E-301.001, Repealed
					 7-1-12.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69W - Securities › Chapter 69W-301 - PROCEDURAL RULES FOR PROCESSING › Section 69W-301.002 - Processing of Applications and Notice-Filings (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 517.03(1), 517.12, 517.1201,
					 517.081(2), 517.082(4) FS. Law Implemented
					 120.60(1),
					 517.051,
					 517.075,
					 517.081,
					 517.082,
					 517.12,
					 517.1202,
					 517.161(5)
					 FS.
New 9-20-82, Formerly 3E-300.01, 3E-301.02, Amended
					 10-15-86, 2-1-87, 12-8-87, 7-29-90, 7-31-91, 6-16-92, 1-10-93, 3-13-94,
					 10-1-96, 10-23-97, 6-22-98, 6-10-99, 5-7-00, 7-10-02, Formerly 3E-301.002,
					 Amended 3-16-06, 6-10-07, 11-22-10, 4-26-12, 11-14-13, Repealed
					 11-25-19.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69W - Securities › Chapter 69W-301 - PROCEDURAL RULES FOR PROCESSING › Section 69W-301.003 - Right to Hearing (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 517.03(1) FS. Law Implemented 120.57,
					 120.60, 517.081, 517.082, 517.12, 517.241(1)
					 FS.
New 9-20-82, Formerly 3E-301.03, Amended 7-31-91, 6-22-98,
					 Formerly 3E-301.003, Amended 9-30-10, Repealed
					 7-1-12.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69W - Securities › Chapter 69W-400 - EXEMPT SECURITIES › Section 69W-400.001 - Rules for Eleemosynary and Religious Organizations Under the Requirements of Section 517.051(9), F.S

Current through Reg. 50, No. 138; July 16, 2024
The requirement of Section
				  517.051(9),
				  F.S., that no persons shall directly or indirectly offer or sell securities
				  under this section except by an offering circular containing full and fair
				  disclosure shall be deemed satisfied if the following information is contained
				  in the offering circular which is provided to each offeree prior to
				  sale.
(1) In the case of an offering
				not in excess of $250,000 of securities in reliance upon the exemption:
(a) Name of business, state of incorporation
				or organization and business address of issuer.
(b) A brief description of the securities
				being offered.
(c) A statement that
				the securities have not been registered with the State of Florida.
(d) Name and address of the registered dealer
				offering the securities.
(e) A
				brief description of the terms of the offering and the manner in which the
				offering is to be made.
(f) A brief
				statement of the use of the proceeds to be derived from the offering.
(g) A brief description of the business
				background of the directors or executive officers of the issuer.
(h) The following financial statements of the
				issuer prepared in conformance with United States generally accepted accounting
				principles:
1. A balance sheet and statement
				of profit and loss as of a date not earlier than the end of the last fiscal
				year of the issuer; provided, however, that if the last fiscal year shall have
				ended within 90 days of the date of the circular in which such data is to be
				included, such data may be supplied as of a date not earlier than the end of
				the fiscal year preceding the last fiscal year of the issuer;
2. If the balance sheet and statement of
				profit and loss included in an offering circular pursuant to subparagraph 1.,
				above, are as of a date 120 days prior to the date of the offering circular in
				which such data are included, sales and net income information as of a date not
				earlier than 90 days prior to the date of the offering circular shall be
				included.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69W - Securities › Chapter 69W-400 - EXEMPT SECURITIES › Section 69W-400.002 - Registration of Issuer Under Section 517.051(9), F.S., as Issuer/Dealer (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 517.03 FS. Law Implemented 517.051(9),
					 517.12 FS.
New 12-5-79, Amended 9-20-82, Formerly 3E-400.02,
					 3E-400.002, Amended 5-6-15, Repealed
					 12-29-15.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69W - Securities › Chapter 69W-500 - EXEMPT TRANSACTIONS › Section 69W-500.001 - Integration of Section 517.061, F.S.; Offers and Sales

Current through Reg. 50, No. 138; July 16, 2024
(1) Generally, an offer or sale pursuant to
				an exemption provided by Section
				517.061, F.S., shall not be
				integrated with any other offer or sale which is exempt under any other
				exemption provided by Section
				517.061, F.S., for the purposes
				of determining the availability of either such exemption. However, the
				determination as to whether sales of securities, made in reliance upon an
				exemption under section
				517.061(11),
				F.S., are a part of a larger or single offering which would be required to be
				integrated with such sales, the following factors shall be considered:
(a) Whether the offers or sales are part of a
				single plan of financing;
(b)
				Whether the offers or sales involve issuance of the same class of
				security;
(c) Whether the offers or
				sales are made at or about the same time;
(d) Whether the same type of consideration is
				to be received;
(e) Whether the
				offers or sales are made for the same general purpose; and,
(f) Whether the offers or sales are made as
				part of a scheme or device to violate or evade any of the provisions of this
				act.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69W - Securities › Chapter 69W-500 - EXEMPT TRANSACTIONS › Section 69W-500.004 - Computation of Number of Purchasers for Purposes of Section 517.061(11), F.S

Current through Reg. 50, No. 138; July 16, 2024
(1) The following
				purchasers shall be excluded in computing the number of purchasers for purposes
				of section 517.061(11),
				F.S.:
(a) The issuer, including any promoter
				of that issuer;
(b) Any General
				Partner of a Limited Partnership, regardless of the types of interest in the
				Limited Partnership purchased or held by the General Partner;
(c) Any purchaser with whom the transaction
				was consummated outside the State of Florida.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69W - Securities › Chapter 69W-500 - EXEMPT TRANSACTIONS › Section 69W-500.005 - Disclosure Requirements of Section 517.061(11)(a)3., F.S

Current through Reg. 50, No. 138; July 16, 2024
(1) Transactions by an issuer which do not
				satisfy all of the conditions of this rule shall not raise any presumption that
				the exemptions provided by section
				517.061(11),
				F.S., is not available for such transactions. Attempted compliance with this
				rule does not act as an election; the issuer can also claim the availability of
				section 517.061(11),
				F.S., outside this rule.
(2) The
				determination as to whether sales of securities are part of a larger offering
				(i.e., are deemed to be "integrated") depends on the particular facts and
				circumstances. In determining whether sales should be regarded as part of a
				larger offering and thus should be integrated, the facts described in rule
				69W-500.001, F.A.C., should be
				considered.
(3) Although sales made
				pursuant to section 517.061(11),
				F.S., and in compliance with this rule, are exempt from the registration
				provisions of this Act, such exemption does not avoid the anti-fraud provisions
				of sections 517.301 and
				517.311, F.S.
(4) The provisions of this rule shall apply
				only to transactions which are consummated with persons in the State of
				Florida.
(5) The requirement of
				section 517.061(11)(a)3., F.S., that each purchaser, or his representative be
				provided with or given reasonable access to full and fair disclosure of all
				material information shall be deemed to be satisfied if either paragraph (5)(a)
				or (b), are complied with:
(a) Access to or
				Furnishing of Information. Reasonable access to, or the furnishing of, material
				information shall be deemed to have been satisfied if prior to the sale a
				purchaser is given access to the following information:
1. All material books and records of the
				issuer; and,
2. All material
				contracts and documents relating to the proposed transaction; and,
3. An opportunity to question the appropriate
				executive officers or partners.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69W - Securities › Chapter 69W-500 - EXEMPT TRANSACTIONS › Section 69W-500.006 - Commissions and Compensation Payable in Connection with an Offering Exempted Pursuant to Section 517.061(11), F.S

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Commissions and compensation may be paid for the sale of an issuer's securities
				to any person who:
(a) Is registered as a
				dealer in the State of Florida pursuant to Section
				517.12, F.S.
(b) Is not located in this State and sells to
				a person not in this State.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69W - Securities › Chapter 69W-500 - EXEMPT TRANSACTIONS › Section 69W-500.007 - General Solicitation or General Advertising in Connection with an Offering Exempted Under Section 517.061(11), F.S

Current through Reg. 50, No. 138; July 16, 2024
(1) For purposes of section
				517.061(11)
				(a)2., F.S., the requirement that there be no general solicitation or general
				advertising in connection with an offering exempted under section
				517.061(11),
				F.S., shall be deemed to relate only to offers made in Florida in reliance upon
				section 517.061(11),
				F.S. General solicitation or general advertising may be made in connection with
				offers made outside of the State of Florida in reliance upon section
				517.061(11), F.S., where permitted.
(2) For purposes of section 517.061(11)(a)2.,
				F.S., general solicitation or general advertising, shall be deemed to include,
				but not be limited to, the following:
(a) Any
				advertisement, article, notice or other communication published in any
				newspaper, magazine or similar medium, or broadcast over the television or
				radio, or transmitted through electronic media; or
(b) Any seminar, meeting, letter, circular,
				notice or other written communication.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69W - Securities › Chapter 69W-500 - EXEMPT TRANSACTIONS › Section 69W-500.008 - Unsolicited Purchase or Sale of Securities Pursuant to Section 517.061(13), F.S

Current through Reg. 50, No. 138; July 16, 2024
(1) For purposes of
				Section 517.061(13),
				F.S., the offer or sale of securities in a transaction meeting the requirements
				of SEC Rule 144 (17 C.F.R.
				§
										230.144), which is incorporated by
				reference in rule 69W-200.002, F.A.C., shall be
				deemed an unsolicited purchase or sale of securities on order of and as agent
				for another.
(2) For purposes of
				section 517.061(13),
				F.S., a promoter or affiliate of an issuer shall not be deemed an underwriter
				of or an issuer of, or to be engaged in a sale directly or indirectly for the
				benefit of an issuer with respect to, any securities he has owned beneficially
				for at least one (1) year.
(3) For
				purposes of rule 69W-500.008, F.A.C., the term
				"Issuer" is defined in rule
				69W-200.001,
				F.A.C.
Rulemaking Authority 517.03(1) FS. Law Implemented
					 517.061(13) FS.
New 12-5-79, Amended 9-20-82, Formerly 3E-500.08, Amended
					 10-14-90, Formerly 3E-500.008, Amended 9-30-10,
					 9-22-14.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69W - Securities › Chapter 69W-500 - EXEMPT TRANSACTIONS › Section 69W-500.010 - Recognized Manuals of Securities

Current through Reg. 50, No. 138; July 16, 2024
The following publications are hereby approved as recognized
				  securities manuals: Securities manuals published by Mergent,
				  Inc.
Rulemaking Authority 517.03(1) FS. Law Implemented
					 517.061(20)(d) FS.
New 9-20-82, Formerly 3E-20.21, 3E-500.10, Amended 7-31-91,
					 5-10-00, Formerly 3E-500.010, Amended
					 1-17-21.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69W - Securities › Chapter 69W-500 - EXEMPT TRANSACTIONS › Section 69W-500.011 - Registration of Issuer Under Section 517.061(11), F.S., as Dealer

Current through Reg. 50, No. 138; July 16, 2024
An issuer of securities who elects to offer or sell its own
				  securities pursuant to Section
				  517.061(11),
				  F.S., may register as a dealer pursuant to Section
				  517.12(1), F.S.
				  The issuer shall comply with the rules of the Financial Services Commission for
				  registration as a dealer as set forth under Rule
				  69W-600.001, F.A.C., in addition
				  to the following requirements:
(1) The
				financial statements required for registration as a dealer must be prepared in
				accordance with the provisions of subsection
				69W-600.0151(4),
				F.A.C.
(2) Since the securities
				will not be registered, a copy of the offering circular for each offering must
				be submitted although no determination will be made as to the merits of the
				securities.
(3) The outside front
				page of the offering circular shall bear the following in bold face type: "THE
				SECURITIES BEING OFFERED HAVE NOT BEEN REGISTERED WITH THE OFFICE OF FINANCIAL
				REGULATION. THE FIRM IS REGISTERED AS A DEALER TO SELL ITS OWN
				SECURITIES."
Rulemaking Authority 517.03 FS. Law Implemented
					 517.061(11), 517.12(1) FS.
New 9-20-82, Formerly 3E-500.11, Amended 7-31-91, Formerly
					 3E-500.011, Amended 5-6-15, 11-15-16,
					 3-21-24.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69W - Securities › Chapter 69W-500 - EXEMPT TRANSACTIONS › Section 69W-500.012 - Exemption/Charitable Contributions to Pooled Income Funds

Current through Reg. 50, No. 138; July 16, 2024
(1) Transactions involving the offer and sale
				of certificates of interest or participation in pooled income funds operated,
				maintained and controlled by, and for the ultimate benefit of, charitable
				corporations as described in section
				517.051(9),
				F.S., are hereby exempted from the registration provisions of section
				517.07, F.S., provided such
				certificates or participation interests and the issuers, promoters or sponsors
				of such fund meet and comply with the following criteria:
(a) That the fund qualifies as a recipient of
				tax deductible contributions under Section
				642(c)(5) of the
				Internal Revenue Code of 1954 (26 U.S.C. §
											642.(c)(5)),
				which is incorporated by reference in rule
				69W-200.002, F.A.C.;
(b) That each prospective donor is furnished
				disclosures which fully and fairly describe the operation of the fund in
				compliance with the requirements of section
				517.051(9),
				F.S., and chapter 69W-400, F.A.C.; and,
(c) That each person soliciting gifts by
				means of the fund is either a volunteer or a person who is employed in the
				charitable corporation's overall fund-raising efforts who receives no
				commissions or other compensation based on the amount of the gift transferred
				to the pooled income fund.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69W - Securities › Chapter 69W-500 - EXEMPT TRANSACTIONS › Section 69W-500.013 - Exemption/Mobile Home Parks/Limited Purpose Stock Offering

Current through Reg. 50, No. 138; July 16, 2024
Transactions which involve the offer or sale of stock, bonds,
				  or other instruments deemed to be securities as defined in Section
				  517.021(23),
				  F.S., offered or sold by or on behalf of a non-profit corporation consisting
				  solely of property owners of a singular mobile home park, where the securities
				  evidence shares of the corporation, are hereby exempted from the registration
				  requirements of Section
				  517.07, F.S., provided that such
				  securities meet and comply with all of the following criteria:
(1) That proceeds from the sale of securities
				are used exclusively for the maintenance, improvement or acquisition of common
				areas within the mobile home park.
(2) That the solicitation and subsequent sale
				of securities is made exclusively by the non-profit corporation to persons
				retaining a property interest in the mobile home park and no form of general
				solicitation or general advertisement is instituted.
(3) That no individual, either directly or
				indirectly, receives any compensation or commission for or as a result of the
				sale of such securities.
(4) That
				prior to the sale of said securities, each property owner within the mobile
				home park is provided with or given reasonable access to full and fair
				disclosure concerning all relevant information relating to the securities
				themselves.
Rulemaking Authority 517.03 FS. Law Implemented 517.061(19)
					 FS.
New 1-8-86, Amended 7-31-91, Formerly 3E-500.013, Amended
					 9-30-10, 10-29-12.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69W - Securities › Chapter 69W-500 - EXEMPT TRANSACTIONS › Section 69W-500.014 - Court Approved Transactions

Current through Reg. 50, No. 138; July 16, 2024
Any transaction or any act incident to a transaction or
				  reorganization approved by a court of competent jurisdiction in which
				  securities are issued and exchanged for one or more outstanding securities,
				  claims or property interests, cash, or any combination thereof, shall be exempt
				  from the registration provisions of section
				  517.07, F.S. Additionally, any
				  person involved in the facilitation of such court approved transaction or
				  reorganization shall be exempt from the registration provisions of section
				  517.12, F.S., but only to the
				  extent necessary to carry out such transaction.
Rulemaking Authority 517.03(1), 517.061(18) FS. Law
					 Implemented 517.061(19) FS.
New 3-29-92, Formerly
					 3E-500.014.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69W - Securities › Chapter 69W-500 - EXEMPT TRANSACTIONS › Section 69W-500.015 - Exemption for Offers and Sales of Securities of Foreign Issuers to Non-U.S. Persons in Offshore Transactions

Current through Reg. 50, No. 138; July 16, 2024
(1) Any
				offer or sale of securities of a foreign issuer made to a person, other than a
				U.S. person, in an offshore transaction that is exempt from registration
				pursuant to Regulation S (17
				C.F.R. §§
										230.901 through
				230.905), which is incorporated by
				reference in rule 69W-200.002, F.A.C., is hereby
				exempted from the registration requirements of section
				517.07, F.S.
(2) For purposes of this rule, the terms
				"foreign issuer," "offshore transaction," and "U.S. person," shall have the
				meanings prescribed in rule 902 of Regulation S (17 C.F.R. §
										230.902).
Rulemaking Authority 517.03(1), 517.061(19) FS. Law
					 Implemented 517.061(19) FS.
New 7-30-98, Formerly 3E-500.015, Amended 9-30-10,
					 9-22-14.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69W - Securities › Chapter 69W-500 - EXEMPT TRANSACTIONS › Section 69W-500.016 - Exemption for Issuers of Section 4(a)(2) Offerings

Current through Reg. 50, No. 138; July 16, 2024
Securities offered or sold in a transaction exempt under a
				  rule or regulation issued by the Securities and Exchange Commission under
				  section 4(a)(2) of the Securities Act of 1933 (15 U.S.C. §
										77d(a)(2)), which is
				  incorporated by reference in Rule
				  69W-200.002, F.A.C., are hereby
				  exempted from the filing requirements of Section
				  517.07, F.S. An issuer of such
				  securities and each of its bona fide employees who satisfy the criteria set
				  forth in Section 517.021(8)(g),
				  F.S., and through whom the issuer elects to sell such securities, shall be
				  exempted from the registration requirements of Section
				  517.12(1),
				  F.S.
Rulemaking Authority 517.03(1), 517.061(19) FS. Law
					 Implemented 517.061(19) FS.
New 1-1-02, Formerly 3E-500.016, Amended 9-30-10,
					 9-22-14.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69W - Securities › Chapter 69W-500 - EXEMPT TRANSACTIONS › Section 69W-500.017 - Compensatory Benefit Plan Exemption

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Transactions involving the offer or sale of a security pursuant to a written
				compensatory benefit plan (or a written compensation contract) or similar plan
				established by the issuer, its parent, its majority-owned subsidiaries or
				majority-owned subsidiaries of the issuer's parent, for the participation of
				their employees, directors, general partners, trustees, officers, or
				consultants and advisors, and their family members who acquire such securities
				from such persons through gifts or domestic relations orders, are exempt from
				the registration provisions of section
				517.07, F.S., if:
(a) The sale of the security meets all of the
				requirements of SEC Rule 701 (17 C.F.R. §
											230.701), which
				is incorporated by reference by rule
				69W-200.002, F.A.C.;
(b) The security is sold pursuant to a plan
				of a type exempt under section 3(a) of the Securities Act of 1933 ( 15 C.F.R.
				§77c .(a)), which is incorporated by reference by rule 69W-200.002,
				F.A.C.; or
(c) The security is
				effectively registered under sections 6 to 8 of the Securities Act of 1933
				(15 U.S.C. §§
											77f through h), and is offered and sold in
				compliance with the provisions of section 5 of the Securities Act of 1933
				(15 U.S.C. §
											77e), which are incorporated by reference in
				rule 69W-200.002, F.A.C.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69W - Securities › Chapter 69W-600 - REGISTRATION OF DEALERS, INVESTMENT ADVISERS, ASSOCIATED PERSONS › Section 69W-600.001 - Application for Registration as a Dealer (FINRA)

Current through Reg. 50, No. 138; July 16, 2024
(1) New Applications.
(a) Applicants for initial registration of
				dealers who are members of the Financial Industry Regulatory Authority (FINRA)
				shall file the Uniform Application for Broker-Dealer Registration (Form BD)
				electronically through the Central Registration Depository of FINRA (CRD) as
				prescribed by the Financial Services Commission (Commission). The application
				shall include all information required by such form, any other information the
				Commission or Office may require, and payment of the statutory fees required by
				Sections 517.12(9) and
				517.131, F.S. The application
				shall be deemed received by the Office on the "payment date" reflected on the
				CRD "disbursement detail" report. Every application or amendment filed pursuant
				to this rule shall constitute a "written application" within the meaning of
				Section 517.12(5),
				F.S.
(b) An application shall
				include the following:
1. Form BD, Uniform
				Application for Broker-Dealer Registration (5-23). A sample form is hereby
				incorporated by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-16499
or from the Office at
https://flofr.gov/sitePages/MaterialsDS.htm
,
2. Statutory fee in the amount required by
				Section 517.12(9),
				F.S.,
3. A Uniform Application for
				Securities Industry Registration or Transfer (Form U4) (05/2009), to register
				at least one principal as set forth in this rule. A sample form is hereby
				incorporated by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-12549
.
				In conjunction with filing its Form BD with the Office, the dealer shall
				provide the Office written notification of the principal's name and CRD number
				or social security number,
4.
				Financial statements and reports required under Rules
				69W-600.0151(4)(a)
				and 69W-600.017, F.A.C.,
5. Proof of effective registration with the
				Securities and Exchange Commission (SEC). Where required by Section
				517.12(15),
				F.S., applicants shall also provide the Office with proof of insurance coverage
				by the Securities Investor Protection Corporation. Evidence of current
				membership as a dealer with the FINRA shall satisfy this requirement,
6. Any direct or indirect owner or control
				person required to be reported on Form BD, pursuant to Section
				517.12(6),
				F.S., who is not currently registered with the firm they are seeking to join or
				act as a direct or indirect owner or control person shall comply with the
				fingerprinting requirements in accordance with subsection (7) of this rule;
				and,
7. A copy of the articles of
				incorporation and amendments thereto, if a partnership, a copy of the
				partnership agreement, or if a limited liability company, a copy of the
				articles of organization.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69W - Securities › Chapter 69W-600 - REGISTRATION OF DEALERS, INVESTMENT ADVISERS, ASSOCIATED PERSONS › Section 69W-600.0013 - Application for Registration as an Issuer/Dealer (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 517.03(1), 517.12 FS. Law Implemented
					 517.12 FS.
New 12-29-15, Amended 11-26-19, 1-18-21, 2-14-23, Repealed
					 3-21-24.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69W - Securities › Chapter 69W-600 - REGISTRATION OF DEALERS, INVESTMENT ADVISERS, ASSOCIATED PERSONS › Section 69W-600.0015 - Canadian Dealer Notice-Filing

Current through Reg. 50, No. 138; July 16, 2024
(1) New
				Notice-Filings.
(a) The notice-filing for a
				Canadian dealer shall be filed electronically on the Office of Financial
				Regulation's website at
https://real.flofr.com
through the
				Regulatory Enforcement and Licensing System (REAL) System using the OFR Form
				CAN, Canadian Dealer Notification (OFR Form CAN). The notice-filing shall
				include all information required by such form, any other information the Office
				of Financial Regulation (Office) may require, and payment of the statutory fees
				required by Section 517.12(16)(a),
				F.S. The notice-filing shall be deemed received on the date the Office issues a
				confirmation of submission and payment to the notice-filer via the Office's
				website.
(b) A notice-filing shall
				include the following:
1. OFR Form CAN
				(effective 9/15), which is hereby incorporated by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-06091
,
				or
https://flofr.gov/sitePages/documents/OFR-Can.pdf
;
2. Statutory fee in the amount required by
				Section 517.12(16)(a),
				F.S.;
3. Evidence of a current
				registration as a dealer in the jurisdiction in which the dealer's main office
				is located;
4. Evidence of current
				membership in a self-regulatory organization or stock exchange in
				Canada.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69W - Securities › Chapter 69W-600 - REGISTRATION OF DEALERS, INVESTMENT ADVISERS, ASSOCIATED PERSONS › Section 69W-600.0016 - Application for Registration as an Investment Adviser (State Registered)

Current through Reg. 50, No. 138; July 16, 2024
(1) New Applications.
(a) Applicants for initial registration of an
				investment adviser shall file the Uniform Application for Investment Adviser
				Registration (Form ADV) electronically through the Investment Adviser
				Registration Depository (IARD) of the Financial Industry Regulatory Authority
				(FINRA) as prescribed by the Financial Services Commission (Commission). The
				application shall include all information required by such form, any other
				information the Office may require, and payment of the statutory fees required
				by Sections 517.12(9) and
				517.131, F.S. The application
				shall be deemed received by the Office on the "payment date" reflected on the
				CRD "disbursement detail" report. Every application or amendment filed pursuant
				to this rule shall constitute a "written application" within the meaning of
				Section 517.12(5),
				F.S.
(b) An application shall
				include the following:
1. Form ADV, Uniform
				Application for Investment Adviser Registration (08-22). A sample form is
				hereby incorporated by reference and is available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-16500
;
2. Statutory fee in the amount required by
				Section 517.12(9),
				F.S.;
3. A Uniform Application for
				Securities Industry Registration or Transfer (Form U4) to register at least one
				agent to designate as a principal as set forth in this rule. Form U4 (05-09) is
				hereby incorporated by reference and a sample form is available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-12554
.
				In conjunction with filing its Form ADV with the Office, the investment adviser
				shall provide the Office written notification of the principal's name and CRD
				number or social security number;
4. Financial statements and reports required
				under subsection 69W-600.0161(2),
				F.A.C.;
5. Any direct or indirect
				owner or control person required to be reported on Form ADV, pursuant to
				Section 517.12(6),
				F.S., who is not currently registered in Florida with the firm they are seeking
				to join or act as a direct or indirect owner or control person shall comply
				with the fingerprinting requirements in accordance with subsection (7) of this
				rule; and,
6. A copy of the
				articles of incorporation and amendments thereto, if a partnership, a copy of
				the partnership agreement, or if a limited liability company, a copy of the
				articles of organization.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69W - Securities › Chapter 69W-600 - REGISTRATION OF DEALERS, INVESTMENT ADVISERS, ASSOCIATED PERSONS › Section 69W-600.0017 - Notice-Filing for Federal Covered Advisers

Current through Reg. 50, No. 138; July 16, 2024
(1) New Notice-Filings.
(a) The notice-filing for federal covered
				advisers shall be filed electronically through the Investment Adviser
				Registration Depository (IARD) of the Financial Industry Regulatory Authority
				(FINRA) using the Uniform Application for Investment Adviser Registration (Form
				ADV) as prescribed by the Financial Services Commission (Commission). The
				notice-filing shall include all information required by such form, such
				information that has been filed or is required to be filed with the Securities
				and Exchange Commission (SEC), and payment of the statutory fees required by
				Sections 517.1201 and
				517.131, F.S. The notice-filing
				shall be deemed received by the Office on the transaction date (Trans DT)
				reflected on the Central Registration Depository (CRD) of FINRA "disbursement
				detail" report.
(b) All federal
				covered advisers making or amending a notice-filing in this state shall file
				the Form ADV, Part 1, including copies of any amendments filed or required to
				be filed with the SEC, and the assessment fee required by Section
				517.1201(1) or
				(2), F.S., with the IARD in accordance with
				subsection (1). Form ADV, Uniform Application for Investment Advisor
				Registration (08-22) is hereby incorporated by reference, and a sample form is
				available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-16504
.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69W - Securities › Chapter 69W-600 - REGISTRATION OF DEALERS, INVESTMENT ADVISERS, ASSOCIATED PERSONS › Section 69W-600.0018 - Notice-Filing and Requirements for Florida Intrastate Crowdfunding Issuers

Current through Reg. 50, No. 138; July 16, 2024
(1) Notice-filing.
(a) An issuer of securities under the Florida
				Intrastate Crowdfunding Exemption, Section
				517.0611, F.S., shall file the
				Notice of Crowdfunding Issuer Offering (Form FL-CI) electronically on the
				Office of Financial Regulation (Office)'s website at
https://real.flofr.com
through the
				Regulatory Enforcement and Licensing (REAL) System. The notice-filing shall
				include all information required by such form and payment of the statutory fees
				required by Section 517.0611(5),
				F.S. The notice-filing shall be deemed received on the date the Office issues a
				confirmation of submission and payment to the issuer via the Office's
				website.
(b) A notice-filing shall
				include the following:
1. Form FL-CI (10/15).
				A sample form (which includes its instructions, which define certain terms in
				Section 517.0611, F.S.) is hereby
				incorporated by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-06073
or
https://flofr.gov/sitePages/documents/FormFL-CI.pdf
.
2. Documentation required to be uploaded in
				PDF form to the REAL System as part of the notice-filing, including:
a. Verification of the issuer's organization
				under the laws of Florida, pursuant to Section
				517.0611(5)(g),
				F.S.;
b. A copy of the issuer's
				escrow agreement with a financial institution, pursuant to Section
				517.0611(8),
				F.S.; and,
c. A copy of the
				issuer's disclosure statement, pursuant to Section
				517.0611(7),
				F.S.
3. Statutory fee in
				the amount required by Section
				517.0611(5),
				F.S.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69W - Securities › Chapter 69W-600 - REGISTRATION OF DEALERS, INVESTMENT ADVISERS, ASSOCIATED PERSONS › Section 69W-600.0019 - Registration of Florida Intrastate Crowdfunding Intermediaries

Current through Reg. 50, No. 138; July 16, 2024
(1) New Applications.
(a) Applicants for initial registration of
				intermediaries shall file the Registration of Crowdfunding Intermediary
				Application (Form FL-INT) electronically on the Office of Financial
				Regulation's website at
https://real.flofr.com
through the
				Regulatory Enforcement and Licensing (REAL) System. The application shall
				include all information required by such form, any other information the Office
				may require, and payment of the statutory fees required by Section
				517.12(19),
				F.S. The application shall be deemed received on the date the Office issues a
				confirmation to the applicant of submission and payment via the Office's
				website. Every application or amendment filed pursuant to this rule shall
				constitute a "written application" within the meaning of Section
				517.12(19),
				F.S.
(b) An application shall
				include the following:
1. Registration of
				Crowdfunding Intermediary Application, Form FL-INT (10/15) A sample form (which
				includes its instructions, which define certain terms in Section
				517.12(19),
				F.S.) is hereby incorporated by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-06074
,
				or
https://flofr.gov/sitePages/documents/FormFL-INT.pdf
;
2. Statutory fee in the amount required by
				Section 517.12(19),
				F.S.;
3. Documentation required to
				be uploaded in PDF form to the REAL System as part of the application,
				including a copy of the applicant's articles of incorporation, if a
				corporation, articles of organization, if a limited liability company, or
				partnership agreement, if a partnership, pursuant to Section 517.12(19)(a)2.,
				F.S.;
4. Any direct or indirect
				owner or principal required to be reported on the Form FL-INT shall comply with
				the fingerprinting requirements as set forth in subsection (4) of this rule,
				pursuant to Section 517.12(19)(b),
				F.S.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69W - Securities › Chapter 69W-600 - REGISTRATION OF DEALERS, INVESTMENT ADVISERS, ASSOCIATED PERSONS › Section 69W-600.002 - Application for Registration as Associated Person (FINRA Dealer)

Current through Reg. 50, No. 138; July 16, 2024
(1) New Applications.
(a) Applicants for initial registration as a
				principal or associated person of dealers who are members of the Financial
				Industry Regulatory Authority (FINRA) shall file the Uniform Application for
				Securities Industry Registration or Transfer (Form U4) electronically through
				the Central Registration Depository (CRD) of FINRA as prescribed by the
				Financial Services Commission (Commission). The application shall include all
				information required by such form, any other information the Office of
				Financial Regulation (Office) may require, and payment of the statutory fees
				required by Section 517.12(9), F.S.
				The application shall be deemed received by the Office on the date designated
				in the "Status Date" field on the line notated "FL" with a "Registration
				Status" of "pending" as indicated on the CRD "Registrations with Current
				Employers" screen. Every application or amendment filed pursuant to this rule
				shall constitute a "written application" within the meaning of Section
				517.12(5),
				F.S.
(b) An application shall
				include the following:
1. Form U4 (05/2009). A
				sample form is hereby incorporated by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-12556
.
2. Statutory fee, for each application, in
				the amount as required by Section
				517.12(9),
				F.S.
3. Persons requesting a fee
				waiver as set forth in Section
				517.12(9),
				F.S., shall submit Office of Financial Regulation Active Military
				Member/Veteran/Spouse Fee Waiver and Military Service Verification, Form
				OFR-MIL-001, effective 09/2018. A sample form is hereby incorporated by
				reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-09913
.
				Form OFR-MIL-001 shall be submitted within one hundred eighty (180) days after
				receipt of the application.
4.
				Evidence of examinations/qualifications set forth in subsection (6) of this
				rule.
5. Fingerprints shall be
				submitted in accordance with Section
				517.12(6),
				F.S., and subsection (7) of this rule.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69W - Securities › Chapter 69W-600 - REGISTRATION OF DEALERS, INVESTMENT ADVISERS, ASSOCIATED PERSONS › Section 69W-600.0021 - Effect of Law Enforcement Records on Applications for Registration as Associated Persons

Current through Reg. 50, No. 138; July 16, 2024
(1) General
				Procedure Regarding Law Enforcement Records. As part of the application review
				process, the Office is required to consider an applicant's law enforcement
				record when deciding whether to approve an application for registration as an
				associated person. When conducting this review, the Office reviews the
				applicant's Form U4 responses, criminal history information derived from the
				fingerprint check, and information from other resources such as the Financial
				Industry Regulatory Authority. In the event of a question regarding the
				applicant's criminal history, the Office may request additional information
				from the applicant to determine the status of a criminal event, the specific
				facts and circumstances surrounding a criminal event, or to address other
				issues determined relevant to the review of the law enforcement record. The
				Office will notify the applicant of any specific documents that it requires in
				order to complete its review. Documentation that is typically requested
				includes:
(a) A copy of the police arrest
				affidavit, arrest report or similar document.
(b) A certified copy of the
				charges.
(c) A certified copy of
				the plea, judgment, and sentence where applicable.
(d) A certified copy of an order of entry
				into pre-trial intervention, and the order of termination of pre-trial
				intervention showing dismissal of charges where applicable.
(e) A certified copy of an order of
				termination of probation or supervised release, if applicable.
If the requested documentation cannot be obtained, the
				  applicant shall submit evidence of that fact in order for the application to be
				  deemed complete. Evidence that documentation cannot be obtained shall consist
				  of a written statement on the letterhead of the agency that would be the
				  custodian of the documents, signed by a representative of that agency, stating
				  that they have no record of such matter, or that the record is lost or was
				  damaged or destroyed, or otherwise stating why the document cannot be
				  produced.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69W - Securities › Chapter 69W-600 - REGISTRATION OF DEALERS, INVESTMENT ADVISERS, ASSOCIATED PERSONS › Section 69W-600.0022 - Application for Registration as an Associated Person (Non-FINRA Dealer)

Current through Reg. 50, No. 138; July 16, 2024
(1) New Applications.
(a) Applicants for initial registration as a
				principal or associated person of dealers who are not members of the Financial
				Industry Regulatory Authority (FINRA) shall file the Uniform Application for
				Securities Industry Registration or Transfer (Form U4) electronically on the
				Office of Financial Regulation's website at
https://real.flofr.com
through the
				Regulatory Enforcement and Licensing (REAL) System as prescribed by the
				Financial Services Commission (Commission). The application shall include all
				information required by such form, any other information the Office of
				Financial Regulation (Office) may require, and payment of the statutory fees
				required by Section 517.12(9), F.S.
				The application shall be deemed received on the date the Office issues a
				confirmation of submission and payment to the applicant via the Office's
				website. Every application or amendment filed pursuant to this rule shall
				constitute a "written application" within the meaning of Section
				517.12(5),
				F.S.
(b) An application shall
				include the following:
1. Form U4 (05/2009),
				which is hereby incorporated by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-12557
.
2. Statutory fee, for each application, in
				the amount as required by Section
				517.12(9),
				F.S.
3. Persons requesting a fee
				waiver as set forth in Section
				517.12(9),
				F.S., shall submit Office of Financial Regulation Active Military
				Member/Veteran/Spouse Fee Waiver and Military Service Verification, Form
				OFR-MIL-001, effective 09/2018. A sample form is hereby incorporated by
				reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-09913
.
				Form OFR-MIL-001 shall be submitted within one hundred eighty (180) days after
				receipt of the application.
4.
				Evidence of examinations/qualifications set forth in subsection (6) of this
				rule.
5. Fingerprints shall be
				submitted in accordance with Section
				517.12(6),
				F.S., and subsection (7) of this rule.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69W - Securities › Chapter 69W-600 - REGISTRATION OF DEALERS, INVESTMENT ADVISERS, ASSOCIATED PERSONS › Section 69W-600.0023 - Application for Registration as an Associated Person (Issuer/Dealer) (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 517.03(1), 517.12 FS. Law Implemented
					 517.12 FS.
New 12-29-15, Amended 9-25-18, 11-26-19, 1-18-21, 2-14-23,
					 Repealed 3-21-24.