N.Y. Comp. Codes R. & Regs. tit. 13 § 11.2

Current through Register Vol. 46, No. 41, October 9, 2024

Section 11.2 - Use of CRD/IARD

(a) Unless otherwise provided, all investment adviser and investment adviser representative applications, amendments, reports, notices, related filings and fees required to be filed with the Attorney General pursuant to the rules promulgated under this section, shall be filed electronically with and transmitted to CRD/IARD. The following additional conditions relate to such electronic filings:

(1) Electronic signature. When a signature or signatures are required by the particular instructions of any filing to be made through the CRD/IARD, a duly authorized officer of the applicant or the applicant him or herself, as required, shall affix his or her electronic signature to the filing by typing his or her name in the appropriate fields and submitting the filing to CRD/IARD. Submission of a filing in this manner shall constitute irrefutable evidence of legal signature by any individuals whose names are typed on the filing.

(2) When filed. Solely for purposes of a filing made through CRD/IARD, a document is considered filed with the Attorney General when all fees are received and the filing is approved by the State.

(3) Electronic filing. Any documents or fees required to be filed with the Department of Law that are not permitted to be filed with or cannot be accepted by CRD/IARD shall be filed directly with the Department of Law.

(b) Approval Process. Filings made through the CRD/IARD system shall be reviewed for completeness by the CRD/IARD system. All applications for registration meeting all existing requirements and qualifications shall be reviewed on a case-by-case basis for approval. Advisors submitting the filings shall be notified of deficiencies and required to correct same. Failure to correct any deficiencies pursuant to sections 11.4(a)-(h), 11. 6, 11.7, 11.8, 11.9 or 11.14 of this Part, or other submissions within one hundred eighty (180) days from receipt by the Department of Law or its designee will result in the abandonment of the registration and will require a completely new filing. No refunds will be made for filings that are either withdrawn on a voluntary basis or abandoned as a result of the failure to correct deficiencies.

N.Y. Comp. Codes R. & Regs. Tit. 13 § 11.2

Amended New York State Register July 3, 2018/Volume XL, Issue 27, eff. 7/3/2018

Amended New York State Register December 2, 2020/Volume XLII, Issue 48, eff. 2/2/2021