N.J. Admin. Code § 13:69A-5.6A

Current through Register Vol. 56, No. 17, September 3, 2024

Section 13:69A-5.6A - Business Entity Disclosure Form; Multi-Jurisdictional Business Form/New Jersey Supplemental Form-Resubmission

(a) Pursuant to N.J.S.A. 5:12-87.1, qualifying entities are required to submit documentation demonstrating their continued fitness for licensure at least every five years. In submitting their license retention documentation, business entities should follow the same document submission procedure set forth in N.J.A.C. 13:69A-5.6 or 13:69A-5.6C and 5.6D, as applicable, for initial licensure, taking into account the following exceptions, as applicable. If any of the following documentation has been submitted to the Division prior to the filing by the business entity of its five-year BED-Resubmission, such documentation can be omitted from the Resubmission, so long as it references what documentation was submitted during the intervening five-year period with relevant time frames:

1. Annual reports to shareholders or Form 10K filings in accordance with N.J.A.C. 13:69A-5.6(a)29 or 5.6C(a)25, as applicable, and 13:69C-8.6 and 8.7;

2. Annual financial statements along with exceptions taken by an independent auditor and the business entity's response in accordance with N.J.A.C. 13:69A-5.6(a)29 or 5.6C(a)25, as applicable, and 13:69C-8.4(b);

3. Registration Statements filed in accordance with the Securities Act of 1933 in accordance with N.J.A.C. 13:69A-5.6(a)29 or 5.6D(a)20, as applicable, and 13:69C-8.6;

4. Any other documentation from an independent auditor relating to the business entity's financial statements, managerial advisory services or internal controls that have not otherwise been submitted to the Division in accordance with N.J.A.C. 13:69A-5.6(a)29 or 5.6C(a)25, as applicable, and 13:69C-8.4(d);

5. Copies of the business entity's applicable Federal Tax Returns in accordance with N.J.A.C. 13:69A-5.6(a)32 through 34 or 5.6C(a)25, as applicable, and 13:69C-8.5;

6. The minutes, reports and schedule for all of the business entity's board and committee meetings in accordance with 13:69C-8.1(b);

7. Any amendments to, restatements of, or superseding versions of the business entity's formation or governing documents in accordance with 13:69C-8.2(a);

8. Financial information pertaining to profit sharing agreements in accordance with 13:69C-8.3;

9. Annual financial projections in accordance with 13:69C-8.4(a); and

10. Quarterly unaudited financial statements in accordance with 13:69C-8.4(c).

N.J. Admin. Code § 13:69A-5.6A

Amended by 50 N.J.R. 602(a), effective 1/16/2018