Compilation of Rules and Regulations of the State of Georgia
Department 590 - RULES OF OFFICE OF SECRETARY OF STATE
Chapter 590-4 - COMMISSIONER OF SECURITIES
Subject 590-4-4 - INVESTMENT ADVISERS AND REPRESENTATIVES
Rule 590-4-4-.13 - Registration Exemption for Certain Investment Advisers and Federal Covered Investment Adviser
Universal Citation: GA Rules and Regs r 590-4-4-.13
Current through Rules and Regulations filed through March 20, 2024
(1) The provisions of Sections 10-5-32(a) and 10-5-34(a) shall not apply to:
(a) Any investment
adviser or federal covered investment adviser whose only clients are insurance
companies;
(b) Any investment
adviser or federal covered investment adviser who during the course of the
preceding 12 months has had fewer than six clients in this state; or
(c) Any broker-dealer, registered pursuant to
Section
10-5-30, if such broker-dealer is acting as an investment adviser solely:
1. By means of publicly distributed written
materials or publicly made oral statements;
2. By means of written materials or oral
statements that do not purport to meet the objectives or needs of specific
individuals or accounts;
3. Through
the issuance of statistical information containing no expressions of opinion as
to the investment merits of a particular security; or
4. Through any combination of the foregoing
services; provided, however, that the materials and oral statements include a
statement that, if the purchaser of the advisory communication uses the
services of the adviser in connection with a sale or purchase of a security
that is a subject of the communication, the adviser may act as principal for
its own account or as agent for another person; provided, however, that such
disclosure does not relieve the investment adviser of any disclosure obligation
that, depending upon the nature of the relationship between the investment
adviser and the client, may be imposed by operation of law, the Act or these
Rules.
(2) Definitions Relating to Subsection (1)(b).
(a)
For purposes of subsection (1)(b) of this Rule, the following are deemed to be
a single "Client:"
1. A natural person and
minor child of the natural person;
2. A natural person and relative, spouse, or
relative of the spouse of the natural person who has the same principal
residence;
3. All accounts of which
the natural person and/or the persons referred to in this subparagraph (b) are
the only primary beneficiaries;
4.All trusts of which the natural person
and/or any persons referred to in this subparagraph (b) are the only primary
beneficiaries;
5. A corporation,
general partnership, limited partnership, limited liability company, trust
(other than a trust referred to in this subparagraph), or other legal
organization (any of which are referred to hereinafter as a "legal
organization") that receives investment advice based on its investment
objectives rather than the individual investment objectives of its
shareholders, partners, limited partners, members, or beneficiaries (any of
which are referred to hereinafter as an "owner"); and
6. Any other method, as adopted by order of
the Commissioner, for determining who may be a single client for purposes of
this Rule.
(b) Special
Rules. For purposes of this Rule:
1. An owner
must be counted as a client if the investment adviser provides investment
advisory services to the owner separate and apart from the investment advisory
services provided to the legal organization; provided, however, that the
determination that an owner is a client will not affect the applicability of
this Rule to any other owner;
2. An
owner need not be counted as a client of an investment adviser solely because
the investment adviser, on behalf of the legal organization, offers, promotes,
or sells interests in the legal organization to the owner, or reports
periodically to the owners as a group solely with respect to the performance
of, or plans for, the legal organization's assets or similar matters;
3. A limited partnership is a client of any
general partner or other person acting as an investment adviser to the
partnership; and
4. Any person for
whom an investment adviser provides investment advisory services without
compensation need not be counted as a client.
(3) For purposes of subsection (1)(c) of this Rule,"publicly distributed written materials" are those that are distributed to thirty-five (35) or more persons paying for such materials, and publicly made oral statements are those made simultaneously to thirty-five (35) or more persons paying for access to the statements.
O.C.G.A. Secs. 10-5-32, 10-5-33, 10-5-34.
Disclaimer: These regulations may not be the most recent version. Georgia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.