Kentucky Administrative Regulations
Title 808 - PUBLIC PROTECTION CABINET - DEPARTMENT OF FINANCIAL INSTITUTIONS
Chapter 10 - Securities
Section 808 KAR 10:020 - Capital, records and reporting requirements of broker-dealers

Current through Register Vol. 50, No. 9, March 1, 2024

RELATES TO: KRS 292.330, 292.460, 15 U.S.C. 78o(h)

NECESSITY, FUNCTION, AND CONFORMITY: KRS 292.500(3) authorizes the executive director to promulgate administrative regulations necessary to carry out the provisions of KRS Chapter 292. 15 USC 78o(h) prohibits a state from establishing capital, custody, margin, financial responsibility, making and keeping records, bonding, or financial or operational reporting requirements for a broker, dealer, municipal dealer, government security broker, or government security dealer that differs from, or are in addition to, the federal requirements. This administrative regulation establishes the state requirements for a person registered pursuant to the federal requirements established in 15 USC 78o.

Section 1. A broker-dealer, municipal security dealer, government security broker, or government security dealer shall:

(1) Be deemed to have complied with the requirements established in KRS 292.330 relating to capital, custody, margin, financial responsibility, making and keeping records, bonding, or financial or operational reporting if:
(a) The person is:
1. Registered with the United States Securities and Exchange Commission pursuant to 15 USC 78o; and

2. In compliance with the rules and regulations enacted by the United States Securities and Exchange Commission pursuant thereto;

(b) A copy of the information kept or provided to the United States Securities and Exchange Commission is made available or provided to the office as required by the executive director; and

(2) Comply with a reasonable request made by the executive director or a designated employee of the office for the assembly and production of information required to conduct an examination pursuant to KRS 292.330 or an investigation pursuant to KRS 292.460.

STATUTORY AUTHORITY: KRS 292.500(3), 15 U.S.C. 78o(h)

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