New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 11 - SECURITIES › Part 16 - FORMS › Section 12.11.16.10 - FORMS RELATING TO REGISTRATION, REPORTING AND RENEWALS OF BROKER-DEALERS, AGENTS, INVESTMENT ADVISERS AND INVESTMENT ADVISER REPRESENTATIVES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Form BD,
				uniform application for broker-dealer registration,
shall be used for
				initial registration and periodic reporting by broker-dealers.
B.
Form BDW, uniform request for
				broker-dealer withdrawal,
shall be used for withdrawal from registration
				by broker-dealers.
C.
Form
				U-2, uniform consent to service of process,
shall be used for initial
				registration by broker-dealers and investment advisers.
D.
Form U-4, uniform application for
				securities industry registration or transfer
, shall be used for initial
				registration and periodic reporting by broker-dealer agents, investment adviser
				representatives and issuer sales representatives.
E.
Form U-5, uniform termination
				notice for securities industry registration
, shall be used to report
				termination of employment of broker-dealer agents and investment adviser
				representatives.
F.
Form
				ADV, uniform application for investment adviser registration
, shall be
				used for initial registration and periodic reporting of investment advisers
				required to be registered under the New Mexico Uniform Securities Act and for
				notice filings of federal covered advisers.
G.
Form ADV-W, notice of withdrawal
				from registration as investment advisor
, shall be used for withdrawal
				from registration by investment advisers.
H.
Form ADV-E, certificate of
				accounting of client securities and funds in the possession or custody of an
				investment adviser
, shall be used annually for filing with the renewal
				report by investment advisers who retain custody of client funds or
				securities.
I.
BF-2,
				securities registrant's blanket bond,
or its substantial equivalent,
				shall be used for initial registration of investment advisers that are not
				federal covered advisers, that have custody of clients' funds or securities,
				for initial registration of issuer agents, and for initial registration of
				broker-dealers that are not registered under the Securities Exchange Act of
				1934. This bond shall be signed by the registrant and the surety, dated,
				verified and acknowledged; and contain the following terms and conditions:
(1) that the registrant, as principal, and
				the named surety, as surety, are bound unto the state of New Mexico in the
				penal sum of (setting forth the specific dollar amount required by 12.11 NMAC
				and the director) for the payment of which the registrant and the surety bind
				themselves;
(2) that the conditions
				of this obligation is such that whereas the above-named principal (name of
				registrant) has applied to the director of the New Mexico securities division
				for registration as a (insert type of registration sought);
(3) that the if the named principal and those
				registrants employed by him and registered as provided by law shall strictly
				comply with the duties and obligations imposed upon such registrants by the New
				Mexico Uniform Securities Act and shall satisfy any loss or damages suffered by
				a purchaser injured by a sale or contract for sale made in violation of the New
				Mexico Uniform Securities Act or of any order issued by the director of the New
				Mexico securities division under any provision of the New Mexico Uniform
				Securities Act, then this obligation shall be void, otherwise it shall remain
				in full force and effect; provided further that any such purchaser having a
				cause of action shall have the right to bring an action on this bond except,
				however, no action may be maintained to enforce any liability on the bond
				unless such action is brought within five years after the sale or other act on
				which such action is based;
(4)
				that the surety shall have the right to terminate its obligation under this
				bond by filing written notice with the director of the New Mexico securities
				division 30 days prior to the effective date of such termination;
(5) that, in no event shall the liability of
				the surety exceed the penal sum of (insert same dollar amount set forth in
				Paragraph (1) of this subsection); and
(6) setting forth the bond number and
				attaching a power of attorney authorizing the signator to execute bonds for the
				surety for any signator for the surety who is not a corporate officer of the
				surety.