Current through Rules and Regulations filed through March 20, 2024
(1) Initial Application. The application for
initial registration as an investment adviser pursuant to O.C.G.A. Sec.
10-5-32shall 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.
10-5-32until 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.
