2014 Kentucky Revised Statutes CHAPTER 292 - SECURITIES (BLUE SKY LAW) 292.334 Notice of termination of employment or association -- Termination of registration or application by commissioner -- Temporary registration -- Withdrawal of registration or notice filing.
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292.334 Notice of termination of employment or association -- Termination of
registration or application by commissioner -- Temporary registration -Withdrawal of registration or notice filing.
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If an agent registered under this section terminates employment by or
association with a broker-dealer or issuer, then the broker-dealer or issuer shall
promptly file a notice of termination. The agent may file the notice of
termination if the issuer or broker dealer has not done so within thirty (30) days
of the effective date of termination.
If an investment adviser representative registered under this section terminates
employment by or association with an investment adviser or covered adviser,
then the investment adviser or covered adviser shall promptly file a notice of
termination. The investment adviser representative may file the notice of
termination if the investment adviser or covered adviser has not done so within
thirty (30) days of the effective date of termination.
If the commissioner determines that any registrant or applicant for registration
is no longer in existence or has ceased to do business as a broker-dealer,
agent, investment adviser, or investment adviser representative, or is subject to
an adjudication of mental disability or to the control of a conservator or
guardian, or cannot be located after reasonable search, then the commissioner
may by order terminate the registration or application.
An administrative regulation or order under this chapter may establish a
procedure for temporary registration when an agent or an investment adviser
representative registered under this chapter transfers employment or
association to another broker-dealer or investment adviser, but any registration
so transferred shall not be effective for more than thirty (30) days, unless within
that thirty (30) days a properly completed application is filed.
A broker-dealer, agent, investment adviser, or investment adviser
representative may withdraw a registration by filing an application to withdraw.
The withdrawal becomes effective thirty (30) days after receipt of the
application by the commissioner or within such shorter period of time as the
commissioner may determine, unless a revocation or suspension proceeding is
pending.
(a) If a proceeding is pending to revoke or suspend the registration, then the
withdrawal becomes effective at such time and upon such conditions as
the commissioner by order determines; or
(b) If a proceeding is not pending, then the commissioner may institute a
revocation or suspension proceeding under this chapter within one (1)
year after withdrawal became effective and enter a revocation or
suspension order as of the last date on which registration was effective.
A covered adviser may withdraw a notice filing by filing a notice of withdrawal.
The withdrawal is effective upon receipt by the commissioner.
Effective:July 15, 2010
History: Created 2010 Ky. Acts ch. 82, sec. 6, effective July 15, 2010.
Legislative Research Commission Note (7/15/2010). References to the
"executive director" of financial institutions in this section, as created by 2010
Ky. Acts ch. 82, sec. 6, have been changed in codification to the "commissioner"
of financial institutions to reflect the reorganization of certain parts of the
Executive Branch, as set forth in Executive Orders 2009-535 and 2009-1086
and confirmed by the General Assembly in 2010 Ky. Acts ch. 24. These
changes were made by the Reviser of Statutes pursuant to 2010 Ky. Acts
ch. 24, sec. 1938.
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