OFR Hurricane Updates

Federal Covered Advisers: Associated Person

Associated person of any investment adviser means any person who for compensation refers, solicits, offers, or negotiates for the purchase or sale of investment advisory services.

A person whose activities fall within these definitions is required to register with the Office of Financial Regulation (OFR) as an associated person of a federal covered adviser pursuant to Section 517.12(4), Florida Statutes (F.S.).

The federal covered adviser with which the associated person is seeking registration must be lawfully notice-filed with the OFR.

Note: Registration as an associated person of a federal covered adviser does not constitute registration as an associated person of a dealer, or vice-versa. The two associated person registrations are separate and distinct.

Registration Requirements

The Florida Division of Securities participates in the Central Registration Depository (CRD) system for registration of associated persons for federal covered advisers.

All federal covered advisers requesting associated person registration shall file the Form U4, Uniform Application for Securities Industry Registration or Transfer, documents and fees prescribed in Section 517.12(10), F.S., and Rule 69W-600.0024, Florida Administrative Code (F.A.C.) through the CRD.

Federal covered advisers not dually registered as a Financial Industry Regulatory Authority (FINRA) member broker-dealer are required to submit fingerprint results for associated person applicants to the OFR.

Fingerprint requirement procedure

CRD Access

To obtain more information about how to make associated person filings through the CRD system, contact FINRA at (301) 590-6500 or visit their website http://www.finra.org/industry.

Maintaining or Renewing License

Amendments to Form U4

If the information contained on the Form U4 becomes inaccurate for any reason, the federal covered adviser, shall file an amendment on the Form U4 correcting the information within 30 days.

Amendment filings shall be made through the CRD system.

Termination of Associated Person Registration

Federal covered advisers shall file notices of termination for their associated persons on the Form U5, Uniform Termination Notice for Securities Industry Registration.

Termination filings shall be made through the CRD system.

Renewal of Associated Person Registration

Renewal fees for associated persons of federal covered advisers shall be submitted through the CRD system in accordance with FINRA guidelines. It is incumbent upon the registrant, not the OFR, to ensure that the renewal payment is submitted timely. The renewal fee is $50 for each associated person.

Registrants should refer to Section 517.12(11), F.S., and Rule 69W-600.0024, F.A.C., for additional guidance.

Registrations for associated persons of federal covered advisers expire at the end of each calendar year and must be renewed timely for the registrant to remain registered to conduct business in, to or from Florida.

Forms

Form FL-INT - Registration of Crowdfunding Intermediary Application

Form OFR-MIL-001 – Active Military Member/Veteran/Spouse Fee Waiver and Military Service Verification

Statutes and Rules

Form U4, Uniform Application for Securities Industry Registration or Transfer - Form U4 Instructions

Form U5, Uniform Termination Notice for Securities Industry Registration - Form U5 Instructions

Applicants for registration as associated persons of a federal covered adviser are subject to the requirements found in Chapter 517, F.S., the Florida Securities and Investor Protection Act, and the administrative rules, Sections 69W-100 through 69W-1000, F.A.C.