New York Codes, Rules and Regulations
Title 13 - DEPARTMENT OF LAW
Chapter II - SECURITIES TRANSACTIONS AND PERSONNEL
Subchapter A - SECURITIES-GENERAL
Part 11 - INVESTMENT ADVISORY SERVICES
Section 11.3 - Hardship exemptions

(i) Investment advisers registered or required to be registered under section 11.4(c) of this Part who experience unanticipated technical difficulties that prevent submission of an electronic filing to IARD may request a temporary hardship exemption from the requirements to file electronically.

(ii) To request a temporary hardship exemption, the investment adviser must:

(iii) Effective date-upon filing. The temporary hardship exemption will be deemed effective upon receipt by the Department of Law of the complete form ADV-H. Multiple temporary hardship exemption requests within the same calendar year may be disallowed by the Department of Law.

(i) Criteria for exemption. A continuing hardship exemption will be granted only if the investment adviser is able to demonstrate that the electronic filing requirements of this rule are prohibitively burdensome.

(ii) To apply for a continuing hardship exemption, the investment adviser must:

(iii) Effective date-upon approval. The exemption is effective upon approval by the Department of Law. The time period of the exemption may be no longer than one year after the date on which the form ADV-H is filed. If the Department of Law, approves the application, the investment adviser must, no later than five business days after the exemption approval date, submit filings to IARD in paper format (along with the appropriate processing fees) for the period of time for which the exemption is granted.