2013 Maryland Code
CORPORATIONS AND ASSOCIATIONS
§ 11-411 - Post-registration provisions


MD Corp & Assn Code § 11-411 (2013) What's This?

§11-411.

(a) (1) A registered broker-dealer shall make and keep correspondence, memoranda, papers, books, and other records that the Commissioner requires by rule.

(2) The Commissioner’s authority to adopt rules under paragraph (1) of this subsection is subject to the limitations of § 15 of the Securities Exchange Act of 1934.

(3) A registered investment adviser shall make, keep, and preserve accounts, correspondence, memoranda, papers, books, and other records that the Commissioner requires by rule.

(4) The Commissioner’s authority to adopt rules under paragraph (3) of this subsection is subject to the limitations of § 222 of the Investment Advisers Act of 1940.

(b) (1) With respect to investment advisers, the Commissioner by rule or order may require that certain information be furnished or disseminated as appropriate in the public interest or for the protection of investors and advisory clients.

(2) To the extent determined by the Commissioner in the Commissioner’s discretion, information furnished to clients or prospective clients of an investment adviser that would be in compliance with the disclosure requirements of the Investment Advisers Act of 1940 and the rules thereunder may be used in whole or partial satisfaction of this requirement.

(c) (1) A registered broker-dealer shall file financial reports that the Commissioner requires by rule or order.

(2) The Commissioner’s authority to adopt rules under paragraph (1) of this subsection is subject to the limitations of § 15 of the Securities Exchange Act of 1934.

(3) A registered investment adviser shall file the financial reports that the Commissioner requires by rule or order.

(4) The Commissioner’s authority to adopt rules under paragraph (3) of this subsection is subject to the limitations of § 222 of the Investment Advisers Act of 1940.

(d) A registrant shall promptly file a correcting amendment, if:

(1) The information contained in any document filed with the Commissioner is or becomes inaccurate or incomplete in any material respect; and

(2) The registrant has not provided notification of the correction under § 11-402 of this subtitle.

(e) A federal covered adviser shall promptly file a correcting amendment with the Commissioner, if:

(1) The information contained in any document filed with the Commissioner by the federal covered adviser is or becomes inaccurate in any material respect; and

(2) The Securities and Exchange Commission requires the correcting amendment.

(f) (1) All the records referred to in subsection (a) of this section are subject at any time or from time to time to the reasonable periodic, special, or other examinations by representatives of the Commissioner, within or without this State, which the Commissioner considers necessary or appropriate in the public interest or for the protection of investors.

(2) For the purpose of avoiding unnecessary duplication of examinations, the Commissioner, to the extent the Commissioner considers it practicable in administering this subsection, may cooperate with the securities administrators of other states, the Securities and Exchange Commission, and any national securities exchange or national securities association registered under the Securities Exchange Act of 1934.

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