NC Register Volume 16 Issue 15 - Office of Administrative Hearings

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more than 45 days from the date of filing ofthe application, an unaudited balance sheetprepared as set forth in Rule .1708 as of a datewithin 45 days of the date of filing;(3) Evidence of compliance with the minimumfinancial requirements of Rule .1704;(4) A copy of the surety bond required by Section78C-17(e), if applicable upon request of theAdministrator;(5) The fee required by Section 78C-17(b) of theAct; and(6) Any other information the administrator mayfrom time to time require which is relevant tothe applicant's qualifications to engage in thebusiness of acting as an investment adviser.(b) The application for annual renewal of registration as aninvestment adviser shall be filed with IARD and shall includethe following:(1) A copy of the surety bond required by Rule.1705, if applicable upon request of theAdministrator; and(2) The fee required by Section 78C-17(b) of theAct.(c)Updates and amendments to the ADV shall be subject to thefollowing requirements:(1) An investment adviser must file with IARD, inaccordance with the instructions in the FormADV, any amendments to the investmentadviser's form ADV;(2) An amendment will be considered to be filedpromptly if the amendment is filed within 30days of the event that requires the filing of theamendment; and(3) Within 90 days of the end of the investmentadviser's fiscal year, an investment advisermust file with IARD an updated Form ADV.(d) Registration becomes effective at noon of the 30th day aftera completed application is filed or such earlier time uponissuance of a license or written notice of effective registration,unless proceedings are instituted pursuant to G.S. 78C-19. Theadministrator may by order defer the effective date after thefiling of any amendment but no later than noon of the 30th dayafter the filing of the amendment.(e) An application for initial or renewal registration is notconsidered filed for purposes of G.S. 78C-17 until the requiredfee and all required submissions have been received by theAdministrator.(f) The registration of an investment adviser shall expire onDecember 31 of each year unless timely renewed.(g) The notice filing for an investment adviser covered underfederal law pursuant to G.S. 78C-17(a1) shall be filed withIARD on an executed Form ADV. A notice filing of aninvestment adviser covered under federal law shall be deemedfiled when the fee required by G.S. 78C-17(c) and the FormADV are filed with and accepted by IARD on behalf of theState.(h) Notice filings for investment advisers covered under federallaw shall expire on December 31 each year unless renewed priorto expiration. The renewal of the notice filing for an investmentadviser covered under federal law pursuant to G.S. 78C-17(a1)TEMPORARY RULES16:15 NORTH CAROLINA REGISTER February 1, 20021727shall be made by completing Form ADV in accordance with theform instructions and by filing the form with IARD. Therenewal of the notice filing for an investment adviser coveredunder federal law shall be deemed filed when the fee required byG.S. 78C-17(b)(1) is filed with and accepted by IARD on behalfof the State.(i) Until IARD provides for the filing of Part 2 of Form ADV,the Administrator will deem filed Part 2 of Form ADV if aninvestment adviser covered under federal law provides, withinfive days of a request, Part 2 of Form ADV to the Administrator.Because the Administrator deems Part 2 of the Form ADV to befiled, an investment adviser covered under federal law is notrequired to submit Part 2 of Form ADV to the Administratorunless requested.History Note: Authority G.S. 78C-16(b); 78C-16(d);78C-17(a); 78C-17(a1); 78C-17(b); 78C-17(b1); 78C-17(e);78C-18(d); 78C-19(a); 78c-20; 78C-30(a); 78C-30(b);78C-30(c); 78C-30(d); 78C-46(b);Temporary Rule Eff. January 2, 1989 for a period of 180 days toexpire on June 30, 1989;Eff. February 1, 1989;Temporary Amendment Eff. October 1, 1997;Amended Eff. August 1, 1998;Temporary Amendment Eff. January 14, 2002.18 NCAC 06 .1703 APPLICATION/INVESTMENTADVISER REPRESENTATIVE REGISTRATION(a) The application for initial registration as an investmentadviser representative pursuant to Section 78C-17(a) of the Actshall be made by completing Form U-4 (Uniform Applicationfor Securities Industry Registration or Transfer) in accordancewith the form instructions and by filing the Form U-4 withIARD. The initial application shall include the following:(1) Proof of compliance by the investment adviserrepresentative with the examinationrequirements of Rule .1709; and(2) The fee required by Section 78C-17(b) of theAct.(b) The application for annual renewal of registration as aninvestment adviser representative shall be filed with IARD.The application for annual renewal or registration shall includethe fee required by G.S. 78C-17(b).(c) . Updates and amendments to the Form U-4 shall be subjectto the following requirements:(1) The investment adviser representative is undera continuing obligation to update informationrequired by Form U-4 as changes occur;(2) An investment adviser representative and theinvestment adviser must file promptly withIARD any amendments to the representative'sForm U-4; and(3) An amendment will be considered to be filedpromptly if the amendment is filed within 30days of the event that requires the filing of theamendment.(d) An application for initial or renewal registration is notconsidered filed for purposes of G.S. 78C-17 until the requiredfee and all required submissions have been received by theAdministrator.(
History Note: Authority G.S. 78C-16(b); 78C-17(a);78C-17(b); 78C-18(d); 78C-19(a); 78C-20; 78C-30(a);78C-30(b); 78C-46(b);Temporary Amendment Eff. October 1, 1997;Temporary Rule Eff. January 2, 1989 for a period of 180 days toexpire on June 30, 1989;Eff. February 1, 1989;Amended Eff. August 1, 1998;Temporary Amendment Eff. January 14, 2002.18 NCAC 06 .1706 RECORD-KEEPINGREQUIREMENTS FOR INVESTMENT ADVISERS(a) Except as otherwise provided in Paragraph (j) of this Rule,every investment adviser registered or required to be registeredunder the Act shall make and keep true, accurate and current thefollowing books, ledgers and records:(1) A journal or journals, including cash receiptsand disbursements records, and any otherrecords of original entry forming the basis ofentries in any ledger;(2) General and auxiliary ledgers (or othercomparable records) reflecting asset, liability,reserve, capital, income and expense accounts;(3) A memorandum of each order given by theinvestment adviser for the purchase or sale ofany security, of any instruction received by theinvestment adviser from the client concerningthe purchase, sale, receipt or delivery of aparticular security, and of any modification orcancellation of any such order or instruction.Such memoranda shall show the terms andconditions of the order, instruction,modification or cancellation; shall identify theperson connected with the investment adviserwho recommended the transaction to the clientand the person who placed such order; andshall show the account for which entered, thedate of entry, and the bank or dealer by orthrough whom executed where appropriate.Orders entered pursuant to the exercise ofdiscretionary power shall be so designated;(4) All check books, bank statements, canceledchecks and cash reconciliations of theinvestment adviser;(5) All bills or statements (or copies thereof), paidor unpaid, relating to the business of theinvestment adviser as such;(6) All trial balances, financial statements, andinternal audit working papers relating to thebusiness of such investment adviser;(7) Originals of all written communicationsreceived and copies of all writtencommunications sent by such investmentadviser relating to:(A) Any recommendation made orproposed to be made and any advicegiven or proposed to be given,(B) Any receipt, disbursement or deliveryof funds or securities, orTEMPORARY RULES(C) The placing or execution of any orderto purchase or sell any security;provided, however,(i) that the investment advisershall not be required to keepany unsolicited marketletters and other similarcommunications of generalpublic distribution notprepared by or for theinvestment adviser, and(ii) that if the investment advisersends any notice, circular orother advertisement offeringany report, analysis,publication or otherinvestment advisory serviceto more than ten persons, theinvestment adviser shall notbe required to keep a recordof the names and addressesof the persons to whom itwas sent; except that if suchnotice, circular oradvertisement is distributedto persons named on any list,the investment adviser shallretain with the copy of suchnotice, circular oradvertisementamemorandum describing thelist and the source thereof;(8) A list or other record of all accounts in whichthe investment adviser is vested with anydiscretionary power with respect to the funds,securities or transactions of any client;(9) All powers of attorney and other evidences ofthe granting of any discretionary authority byany client to the investment adviser, or copiesthereof;(10) All written agreements (or copies thereof)entered into by the investment adviser withany client or otherwise relating to the businessof such investment adviser as such;(11) A copy of each notice, circular, advertisement,newspaper article, investment letter, bulletin orother communication recommending thepurchase or sale of a specific security, whichthe investment adviser circulates or distributes,directly or indirectly, to ten or more persons(other than clients receiving investmentsupervisory services or persons connected withsuch investment adviser), and if such notice,circular, advertisement, newspaper article,investment letter, bulletin or othercommunication does not state the reasons forsuch recommendation, a memorandum of theinvestment adviser indicating the reasonsthereof;(12) The following records:16:15 NORTH CAROLINA REGISTER February 1, 20021728
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NORTH CAROLINAIN THIS ISSUEI. EXECU
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NORTH CAROLINA REGISTERPublication
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EXECUTIVE ORDERSEXECUTIVE ORDER NO.
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(l) Six members from non-profit age
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IN ADDITIONThis Section contains pu
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IN ADDITIONU.S. Department of Justi
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IN ADDITIONU.S. Department of Justi
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IN ADDITIONPUBLIC HEARING NOTICETIT
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RULE-MAKING PROCEEDINGSA Notice of
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PROPOSED RULESfor public hearing ma
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(2) the characteristics which make
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shall be allowed shall be non-domes
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Person CountyPitt CountyVance Count
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PROPOSED RULESCreek and all tributa
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esult in the termination of the int
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Authority G.S. 88B-4; 88B-21(e).21
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(D)(E)experience shall be considere
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(4) Examination. The examination fe
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competence in the subject matter, a
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(3) The licensee's written signatur
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adio signals of the Department of D
Page 43 and 44: TEMPORARY RULESThis Section include
Page 45 and 46: (3) provide documentation of all as
Page 47 and 48: (i) pediatric patient which equals
Page 49 and 50: Eff. November 1, 1990;Temporary Ame
Page 51 and 52: quarter of the third year of operat
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Page 55 and 56: accepted medical practice at each f
Page 57 and 58: TEMPORARY RULES8 (Gaston) June 1, 2
Page 59 and 60: (19) There are 10 categories of pro
Page 61 and 62: TEMPORARY RULESCleveland Yadkin War
Page 63 and 64: TEMPORARY RULES12Cherokee, Clay, Gr
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Page 69 and 70: TEMPORARY RULESGaston 1Wake 1(b) Fi
Page 71 and 72: TEMPORARY RULESthere is no need for
Page 73 and 74: TEMPORARY RULEScounty's June 30, 20
Page 75 and 76: (C)certificate of need has beenissu
Page 77 and 78: TEMPORARY RULESVance 1Watauga 1Wilk
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Page 81 and 82: (C)(D)nursing care was not known to
Page 83 and 84: (b) Need Determination for at Least
Page 85 and 86: Comment Procedures: Written comment
Page 87 and 88: entitled to receive such informatio
Page 89 and 90: (A) during open seasons prescribed
Page 91 and 92: TEMPORARY RULESTemporary Adoption E
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Page 97 and 98: (B)(C)TEMPORARY RULES(i.e., purchas
Page 99 and 100: administrator by its examiners orot
Page 101 and 102: (1) Uniform Termination Notice for
Page 103 and 104: electronically (if it has not previ
Page 105 and 106: Authority for the rulemaking: G.S.
Page 107 and 108: mobile/modular homes not to exceed
Page 109 and 110: Temporary Amendment Eff. October 1,
Page 111 and 112: Lisa MartinLinda RaynorDedra Alston
Page 113 and 114: RULES REVIEW COMMISSION21 NCAC 58C
Page 115 and 116: RULES REVIEW COMMISSIONAccrued Paym
Page 117 and 118: RULES REVIEW COMMISSIONCertificatio
Page 119 and 120: CONTESTED CASE DECISIONSThis Sectio
Page 121 and 122: CONTESTED CASE DECISIONSLuther I Go
Page 123 and 124: CONTESTED CASE DECISIONSPandora M.
Page 125 and 126: CONTESTED CASE DECISIONSFordion Pac
Page 127 and 128: CONTESTED CASE DECISIONSTown of Mur
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NC Register Volume 16 Issue 15 - Office of Administrative Hearings

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