California Code of Regulations › Title 10 - Investment › Chapter 3 - Commissioner of Financial Protection and Innovation › Subchapter 2 - Corporate Securities › Article 10 - Licensing and Regulation of Investment Advisers › Section 260.230.1 - Notice Filing Requirements for Investment Advisers Registered Under Section 203 of the Investment Advisers Act of 1940

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Initial notice: A person subject to
				  subsection (a) of Corporations Code Section
				  25230.1
				  shall file an initial notice consisting of Form ADV (Uniform Application for
				  Investment Adviser Registration (17 CFR 279.1) in accordance with
				  the instructions in Form ADV within thirty (30) days of conducting business in
				  the state. The notice shall be deemed filed when the fee required by Section
				  25608.1(d) and
				  Form ADV are filed with and accepted by IARD on behalf of this state.
(b) Portions of Form ADV not yet accepted by
				  IARD: If an investment adviser agrees to provide, within five (5) days of a
				  request, Part 2 of Form ADV to the Commissioner, an investment adviser is not
				  required to file Part 2 of Form ADV with the Commissioner until IARD provides
				  for the filing of Part 2 of Form ADV.
(c) Annual renewal: The notice expires
				  December 31st unless renewed. The annual renewal shall be filed with IARD in
				  accordance with its procedures. The renewal of the notice filing shall be
				  deemed filed when the fee required by Section
				  25608.1(d) is
				  filed with and accepted by IARD on behalf of the state.
(d) Amendments to Form ADV: Any changes to
				  the information contained in Form ADV shall be filed with IARD in accordance
				  with the instructions in Form ADV.
(e) Investment Adviser Representatives: Each
				  investment adviser representative, as defined in Section
				  25009.5(b) of the
				  Code, with a place of business in the state shall be reported in the manner
				  prescribed in Section
				  260.236.1(b) of
				  these rules.
(f) Switching to state
				  registration: Upon the filing of Form ADV-W (Notice of Withdrawal from
				  Registration as an Investment Adviser withdrawing registration with the
				  Securities and Exchange Commission under the Investment Advisers Act of 1940,
				  an investment adviser may not conduct business in this state as an investment
				  adviser until the investment adviser has secured a certificate from the
				  Commissioner or unless the investment adviser is otherwise exempt. An
				  investment adviser may file an application for an investment adviser
				  certificate in accordance with the instructions in Section
				  260.231 prior to the date the
				  investment adviser's registration with the Securities and Exchange Commission
				  is subject to termination.
1. New
					 section filed 3-4-2003; operative 4-3-2003 (Register 2003, No.
					 10).
2. Amendment of subsections (a) and (f) and amendment of NOTE
					 filed 9-24-2009; operative 10-24-2009 (Register 2009, No.
					 39).
Note: Authority cited: Sections
						25230.1,
						25610
						and
						25612.5,
						Corporations Code. Reference: Sections
						25230.1,
						25231,
						25608.1(d),
						25612.3
						and
						25612.5,
						Corporations Code.