Haw. Code R. § 16-39-431

Current through April, 2024
Section 16-39-431 - Notice filing for federal covered investment advisers
(a) A federal covered investment adviser may transact business in this State upon submitting to the commissioner a notice filing and notice filing fee as set forth in section 16-39-103, unless otherwise exempt pursuant to section 485A-405, HRS. The notice filing and notice filing fee may be filed with the commissioner through the IARD.
(b) The notice filing shall consist of the federal covered investment adviser's current Form ADV on file with the SEC. The notice filing shall be effective upon receipt and shall expire December 31 of each year. A notice filing may be renewed prior to December 31 by either:
(1) Filing with the commissioner:
(A) A copy of page one of the federal covered investment adviser's most recent Form ADV;
(B) A copy of Item 2 of Part 1A of the federal covered investment adviser's most recent Form ADV;
(C) Any amendments to Form ADV that have not been previously filed with the commissioner;
(D) A list containing the name and social security number or the IARD number of each investment adviser representative of the adviser who is renewing its registration for the coming notice filing period together with any amendments to the investment adviser representative's Form U-4 that have not been previously filed with the commissioner;
(E) A Form U-5 for each registered investment adviser representative who is not renewing its registration for the upcoming notice filing period; and
(F) A renewal fee as specified in section 16-39-103, to cover the renewal of the federal covered investment adviser's notice filing and the registration of each of its representatives who is renewing its registration; or
(2) Filing a renewal and renewal fees through the IARD. Any investment adviser that elects to renew its notice filing through the IARD shall be required to file directly with the commissioner any information listed in paragraph (1)(D) and (E) that have not been filed through the IARD together with any fees due under paragraph (1)(F) that have not been paid through the IARD.

Haw. Code R. § 16-39-431

[Eff 6/30/08] (Auth: HRS § 485A-606) (Imp: HRS § 485A-405)
Comp 11/18/2023