Nev. Admin. Code § 90.Sec. 19

Current through November 8, 2024
Section 90.Sec. 19 - NEW
1. A record required to be maintained by an investment adviser pursuant to sections 10, 11 and 13 to 18, inclusive:
(a) May be maintained by the investment adviser in such a manner that the identity of any client to whom the investment adviser renders investment supervisory services is indicated by numerical or alphabetical code or some similar designation.
(b) Must be maintained and preserved by the investment adviser:
(1) Except as otherwise provided in this section, in an easily accessible place for a period of not less than 5 years after the end of the fiscal year during which the last entry was made on record, the first 2 years of which must be in the principal office of the investment adviser.
(2) If the record is described in paragraph (k) or (n) of subsection 1 of section 13, in an easily accessible place for a period of not less than 5 years after the end of the fiscal year during which the investment adviser last published or otherwise disseminated, directly or indirectly, the notice, circular, advertisement, newspaper article, investment letter, bulletin, or other communication, including by electronic media, the first 2 years of which must be in the principal office of the investment adviser.
(3) If the record is described in paragraphs (o) to (t), inclusive, of subsection 1 of section 13, in an easily accessible place for a period of not less than 5 years after the end of the fiscal year during which the last entry was made on such record, the first 2 years of which must be in the principal office of the investment adviser, or for the time period during which the investment adviser was registered or required to be registered in this State, if less than 5 years.
(4) If the record is a partnership article including any amendment thereof, article of incorporation, charter, minute book and stock certificate book of the investment adviser and of any predecessor, in the principal office of the investment adviser and preserved until at least 3 years after termination of the enterprise.
2. In addition to any other recordkeeping requirement, an investment adviser must maintain at any business location in this State from which a customer or client is being provided or has been provided with investment advisory services the following records for the period of time described in subsection 1:
(a) The records described paragraphs (c), (g) to (j), inclusive, (l), (m), (o), (p) and (q) of subsection 1 of section 13 and section 18; and
(b) The records described in paragraphs (k) and (n) of subsection 1 of section 13, which must identify the name of the representative of the investment adviser providing investment advice from that business location, or which identify the physical address, mailing address, electronic mailing address or telephone number of the business location.
3. As used in this section, "investment supervisory services" means the giving of continuous advice as to the investment of funds on the basis of the individual needs of each client.

Nev. Admin. Code § 90.Sec. 19

Added to NAC by Sec'y of State by R018-21A, eff. 6/2/2023

NRS 90.390, 90.750