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2017 Maryland Code
Corporations and Associations
Title 11 - Maryland Securities Act
Subtitle 4 - Requirements of Broker-Dealers, Agents, Investment Advisers, Investment Adviser Representatives, and Federal Covered Advisers
§ 11-402. Agent required to be registered
Universal Citation: MD Corp & Assn Code § 11-402 (2017)
- (a) Broker-dealers or issuers; exception. --
- (1) Except as provided in paragraph (3) of this subsection, a broker-dealer or issuer may not employ or associate with an agent unless the agent is registered.
- (2) Except as provided in paragraph (3) of this subsection, when an agent terminates a connection with a broker-dealer or issuer or terminates those activities which make the individual an agent, the agent and the broker-dealer or issuer shall promptly notify the Commissioner.
- (3) This subsection does not apply to a federal exempt broker-dealer.
- (b) Investment advisers. --
- (1) An investment adviser required to be registered may not employ or associate with an investment adviser representative unless the representative is registered under this subtitle.
- (2) An investment adviser representative who has a place of business located in this State may not transact business on behalf of a federal covered adviser, unless the investment adviser representative is registered or exempt from registration under this subtitle.
- (3) The registration of a representative is not effective during any period when the representative is not employed by or associated with:
- (i) A registered investment adviser; or
- (ii) A federal covered adviser that has filed a notice under ยง 11-405(b) of this subtitle.
- (4) When an investment adviser representative begins or terminates a connection with a registered investment adviser or terminates those activities that make the representative an investment adviser representative, the investment adviser shall promptly notify the Commissioner.
- (5) When an investment adviser representative begins or terminates a connection with a federal covered adviser or terminates those activities that make the representative an investment adviser representative, the investment adviser representative shall promptly notify the Commissioner.
- (c) Employment or association with individuals not registered or barred from employment; exception; waiver. --
- (1) It is unlawful for a broker-dealer or issuer engaged in offering, offering to purchase, purchasing, or selling securities in this State or an investment adviser offering or providing investment advice in this State, directly or indirectly, to employ or associate with an individual who is participating in the securities transaction or investment advice in this State if:
- (i) The registration of the individual is suspended or revoked; or
- (ii) The individual is barred from employment or association with a broker-dealer, an issuer, an investment adviser, or a federal covered adviser by an order of the Commissioner under this title, the Securities and Exchange Commission, or a self-regulatory organization.
- (2) A broker-dealer, an investment adviser, or an issuer may not be considered to have violated this subsection if the broker-dealer, investment adviser, or issuer did not know, and in the exercise of reasonable care could not have known, of the suspension, revocation, or bar.
- (3) On request from a broker-dealer, an investment adviser, or an issuer and for good cause, the Commissioner, by order under subsection (d) of this section, may modify or waive, in whole or in part, the prohibitions of this subsection.
- (1) It is unlawful for a broker-dealer or issuer engaged in offering, offering to purchase, purchasing, or selling securities in this State or an investment adviser offering or providing investment advice in this State, directly or indirectly, to employ or associate with an individual who is participating in the securities transaction or investment advice in this State if:
- (d) Modification of requirements; excmption. -- By rule or order, the Commissioner may modify the requirements of this section or exempt any broker-dealer, agent, investment adviser, federal covered adviser, or investment adviser representative from the requirements of this section if the Commissioner determines that:
- (1) Compliance with this section is not necessary or appropriate for the protection of investors; and
- (2) The exemption is consistent with the public interest and within the purposes fairly intended by the policy and provisions of this title.
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