Current through Rules and Regulations filed through September 23, 2024
(1) Initial Application. The application for initial registration as an investment adviser pursuant to O.C.G.A. Sec. 10-5-32 shall be made by completing Form ADV (Uniform Application for Investment Adviser Registration) in accordance with the form instructions and by filing the form electronically with IARD. The application for initial registration shall also include the following:
(a) Proof of compliance by the investment adviser with the examination requirements of Rule 590-4-4-.09;
(b) Any financial statements required by Rule 590-4-4-.18(1), including a copy of the balance sheet for the last fiscal year, and if such balance sheet is as of a date more than forty-five (45) days from the date of filing of the application, an unaudited balance sheet prepared as set forth in Rule 590-4-4-.18(2);
(c) The fee required by O.C.G.A. Sec. 10-5-39(c) and ;
(d) Any other information the Commissioner may reasonably require.
(2)
Form ADV Part II. The Commissioner requires Part 2 (including Parts 2A and 2B) to be filed electronically with IARD.
(3)
Annual Renewal. The application for annual renewal registration as an investment adviser shall be filed electronically with IARD. The application for annual renewal registration shall include the fee required by O.C.G.A. Sec. 10-5-39(c).
(4)
Updates and Amendments.
(a) An investment adviser must file amendments to the investment adviser's Form ADV electronically with IARD, in accordance with the instructions in the Form ADV, including instructions specifying the time periods within which amendments must be filed;
(b) An amendment will be considered to be filed "promptly," as that term is used in the instructions to Form ADV, if the amendment is filed within thirty (30) days of the event that requires the filing of the amendment; and
(c) Within ninety (90) days of the end of the investment adviser's fiscal year, an investment adviser must file electronically with IARD an Annual Updating Amendment to the Form ADV.
(5)
Certain Filings Deemed Initial Applications. The following shall be deemed initial applications for registration even though designated as amendments:
(a) A Form ADV filed by an investment adviser corporation, partnership, sole proprietorship, or other entity that is not registered when the form is filed and succeeds to, and continues the business of, a predecessor entity registered as an investment adviser if the succession is based solely on a change in the predecessor's form of organization and the amendment is filed to reflect that change;
(b) A Form ADV filed by an investment adviser partnership that is not registered when such form is filed and that succeeds to, and continues the business of, a predecessor partnership registered as an investment adviser if it is filed to reflect the changes in the partnership and to furnish required information concerning any new partners; or
(c) A Form ADV filed by an investment adviser corporation that is not registered when the form is filed and that succeeds to, and continues the business of, a predecessor corporation registered as an investment adviser if the succession is based solely on a change in the predecessor's state of incorporation and the amendment is filed to reflect that change.
(6)
Completion of Filing. An application for initial or renewal registration is not considered filed for purposes of O.C.G.A. Sec. 10-5-32 until the required fee and all required submissions have been received by the Commissioner.
O.C.G.A. Secs. 10-5-5, 10-5-6, 10-5-32.
