Section 26-B158. AMENDMENTS TO APPLICATION FOR LICENSING

 

158.1An investment adviser shall promptly file an amendment to Part 1A or Part 1B of its Form ADV if either Part has a material omission or misrepresentation or otherwise becomes materially inaccurate. An investment adviser shall promptly file an amendment to Part II of its Form ADV if it contains a material omission or misrepresentation or otherwise becomes materially inaccurate.

 

158.2Except as provided in § 158.4, an investment adviser licensed with the Department shall amend its Form ADV by electronically filing a completed Part 1A and Part 1B of Form ADV with the IARD.

 

158.3An investment adviser with a pending application shall amend its Form ADV by electronically filing a completed Part 1A and Part 1B of Form ADV with the IARD.

 

158.4An investment adviser that has received a hardship exemption under § 275.203-3 of the Securities Exchange Act of 1934, shall file a completed Part 1A and Part 1B of Form ADV on paper with IARD when it is required to amend its Form ADV by the schedule in subparagraph (i) of this paragraph.

 

158.5If an investment adviser files Part 1A and Part 1B of Form ADV with the IARD, is shall file all subsequent amendments to its Form ADV with the IARD, unless it receives a hardship exemption.

 

158.6An investment adviser shall pay IARD an annual filing fee at the time it files the annual updating amendment, no portion of which is refundable. An amended Form ADV will not be accepted by, IARD and thus will not be considered filed with the Department, until the filing fee has been paid.

 

source

Final Rulemaking published at 40 DCR 6732 (September 24, 1993); as amended by Emergency Rulemaking published at 48 DCR 1987 (March 2, 2001) [EXPIRED]; as amended by Final Rulemaking published at 48 DCR 4106 (May 11, 2001).