Current through 2024-51, December 18, 2024
Section 032-515-5 - Notice filing requirements for Federal Covered Investment Advisers1.Notice Filing. The notice filing for a Federal Covered Investment Adviser under Section 16405(3) of the Act shall be filed with the IARD on an executed Form ADV. A notice filing shall be deemed filed when the fee required by Rule Chapter 541 and the complete Form ADV are filed with and accepted by the IARD on behalf of the State.2.Portions of Form ADV Not Yet Accepted by the IARD. Until the IARD provides for the filing of Form ADV, Part II, the Administrator will deem Form ADV, Part II filed if a Federal Covered Investment Adviser provides, within five (5) days of a request by the Administrator, Form ADV, Part II.3.Annual Renewal. The annual renewal of the notice filing for a Federal Covered Investment Adviser pursuant to Section 16405(3) of the Act shall be filed with the IARD. The renewal of the notice filing for a Federal Covered Investment Adviser shall be deemed filed when the fee required by Rule Chapter 541 is filed with and accepted by the IARD on behalf of the state.4.Updates and AmendmentsA. A Federal Covered Investment Adviser shall file with the IARD, in accordance with the instructions in the Form ADV, any amendments to the Federal Covered Investment Adviser's Form ADV by filing an annual updating amendment within ninety (90) days after the end of its fiscal year.B. In addition to filing its annual updating amendment, the Federal Covered Investment Adviser shall amend its Form ADV by filing additional amendments "promptly" with the IARD if: (1) information provided in response to items 1, 3, 9, or 11 of Part 1A or items 1, 2.A through 2.F, or 2I or Part 1B of Form ADV become inaccurate in any way;(2) information provided in response to items 4, 8, 10 of Part 1A or item 2.G of Part 1.B of Form ADV become materially inaccurate; or(3) information provided in its brochure becomes materially inaccurate.C. An amendment shall be considered to be filed "promptly" if filed within thirty (30) days of the event that requires the filing of the amendment.02-032 C.M.R. ch. 515, § 5