N.Y. Comp. Codes R. & Regs. tit. 13 § 13.3

Current through Register Vol. 46, No. 43, October 23, 2024

Section 13.3 - Supplemental commodity statement

(a) In compliance with paragraph 14(e) of section 359-e of the General Business Law, every commodity broker-dealer who shall have filed a commodity broker-dealer statement (form CBD) with the Department of Law, and every commodity investment advisor who shall have filed a commodity investment advisor statement (form CADV) with the Department of Law, shall file a Supplemental Commodity Statement (form CM-3) whenever the information contained in the original filing becomes inaccurate or incomplete in any material respect, including but not limited to the following:

(1) Name.

Any change in the name of the registrant. However, in the event the registrant incorporates, an entirely new registration statement must be filed.

(2) Address.

Any change of business address or address of each new branch office.

(3) Management.

Any change in the officers, directors, partners, 10 percent or more equity holders or other principals of the registrant or any person who manages or supervises the commodity broker-dealer, commodity investment advisor or the commodity salespersons, giving the name and address of each such person involved in the change.

(4) Salespersons.

Any change in commodity salespersons of a registered commodity broker-dealer, giving name and date of termination of any salespersons leaving the registrant's employ and the reasons therefor, and the name and commencement date of any salespersons brought into the employ of the registrant.

(5) Injunctions and other proceedings.

Any change in disciplinary history, including, but not limited to, each occasion when the registrant or any officer, director, partner, principal, managing person or supervisor, 10 percent or more equity holder or salesperson thereof becomes the subject of any criminal action, or is convicted of any misdemeanor or felony, or is the subject of any pending civil action commenced by a government agency relating to the offer or sale of securities or commodities, or is the subject of any injunction or cease and desist order relating to the offer or sale of securities or commodities.

(6) Termination of business activity.

N.Y. Comp. Codes R. & Regs. Tit. 13 § 13.3

Amended New York State Register July 3, 2018/Volume XL, Issue 27, eff. 7/3/2018