N.J. Admin. Code § 13:47A-1.5

Current through Register Vol. 56, No. 24, December 18, 2024

Section 13:47A-1.5 - Preparation and contents of financial statements

(a) Subject to the limitations of Section 15 of the Securities Exchange Act of 1934 (15 U.S.C. § 78o), financial statements and reports required of registered broker-dealers under N.J.S.A. 49:3-47 et seq., including the financial statement filed with the application for initial registration, shall consist of a balance sheet supported by an analysis of the trading and investment inventories and shall be prepared by a certified public accountant or a public accountant who shall be in fact independent.

(b) Subject to the limitations of Section 15 of the Securities Exchange Act of 1934 (15 U.S.C. § 78o), complete copies of the Financial and Operational Combined Uniform Single (FOCUS) Report, Form X-17A-5, as filed with the Securities and Exchange Commission, or copies of the New York Stock Exchange Financial Questionnaire (Form FQ) may be filed to comply with the requirements of this section.

(c) Subject to the limitations of Section 15 of the Securities Exchange Act of 1934 (15 U.S.C. § 78o), the analysis of the trading and investment inventories required by (a) above shall have attached thereto, and made a part thereof, a statement under oath by the broker-dealer which shall set forth those securities within said trading and investment inventories which have not been registered under the Securities Act of 1933 (15 U.S.C. §§ 77a et seq., the "1933 Act"), or which are not subject to, or are exempted from the registration requirements of the 1933 Act and the rules and regulations promulgated thereunder other than by reason of section 3(a) of the 1933 Act and the rules and regulations promulgated under section 3(a) of the 1933 Act.

N.J. Admin. Code § 13:47A-1.5

Amended by R.1970 d.85, effective 7/13/1970.
See: 2 N.J.R. 50(c), 2 N.J.R. 67(b).
Amended by R.1992 d.435, effective 11/2/1992.
See: 24 N.J.R. 2524(a), 24 N.J.R. 4060(a).
Recodified from 13:47A-1.4 with stylistic revisions. Old 13:47A-1.5 Minimum capital recodified to 13:47A-1.6.
Amended by R.1997 d.451, effective 10/20/1997.
See: 29 N.J.R. 3119(a), 29 N.J.R. 4463(a).
Made this section subject to the limitations of § 15 of the Securities Exchange Act of 1934 (15 U.S.C. § 78).
Amended by R.2008 d.301, effective 10/6/2008.
See: 40 N.J.R. 2061(a), 40 N.J.R. 5820(a).
Substituted "Section" for "§" and "§78o" for "§78" throughout; in (b), inserted "of the Financial and Operational Combined Uniform Single (FOCUS) Report," and "(Form FQ)"; and in (c), substituted "(15 U.S.C. §§77a et seq., the '1933 Act')" for "(1933 Act)".