New York Codes, Rules and Regulations
Title 13 - DEPARTMENT OF LAW
Chapter II - SECURITIES TRANSACTIONS AND PERSONNEL
Subchapter A - SECURITIES-GENERAL
Part 10 - BROKERS, DEALERS AND SALESPERSONS
Section 10.3 - Supplemental broker-dealer statements for non-FINRA members
Current through Register Vol. 46, No. 39, September 25, 2024
(a) In compliance with subdivision 4 of section 359-e of the General Business Law, except as provided hereinafter, every broker or dealer in securities who is not a member of FINRA and who shall have filed a Form M-1 broker-dealer statement, or a Form BD with the Department of Law of the State of New York, shall file a Form M-3, supplemental broker-dealer statement, whenever any of the following changes have taken place to indicate the change of information originally filed:
(b) In lieu of filing a supplemental broker-dealer statement (Form M-3), except as hereinafter provided, a broker or dealer may file, as an amendment, an appropriately executed current Form BD, if section 10.1(b) of this Part would have allowed that broker or dealer to file Form BD as an original filing.
(c) The filing requirements of paragraph (a)(4) of this section, for firms who file through the CRD system, shall be fulfilled by the filing of Form U 4 or U5 pursuant to section 10.6 of this Part.
(d) Each Federal Regulation D Covered Securities Dealer, having already filed a Form D in the Department of Law within the past 4 years, shall file a copy of any subsequent Form D filed with the U.S. Securities and Exchange Commission if such form contains any information that differs from the information previously filed with the Department of Law within the past 4 years. Such supplemental Form D filing shall constitute a supplemental statement under GBL § 359-e.
(e) Each Federal Tier 2 Dealer, having already filed a Uniform Notice Filing of Regulation A - Tier 2 Offering Form regarding a particular issuance in the Department of Law within the registration period, shall file a supplemental Uniform Notice Filing of Regulation A - Tier 2 Offering Form, each time that such dealer submits an amendment regarding said issuance, to the U.S Securities and Exchange Commission (SEC). Such supplemental filing shall constitute a supplemental statement under GBL § 359-e.
(f) Each Federal Covered Investment Company Dealer shall file Form NF upon any change to the information previously submitted to the Department of Law. Such Form NF shall constitute a supplemental statement under GBL § 359-e.
(g) All supplemental statements required herein shall be made within 30 days of the event warranting the supplement, except with regard to information about injunctions and other proceedings which must be made as soon as practicable.