(1) To become registered in this state as a
securities salesperson or an investment adviser representative, the individual
applicant shall pass the national association of securities dealers, inc.,
(NASD) uniform securities agent state law exam or the uniform combined state
law examination or an examination designated by the commissioner. The applicant must also complete an
application form described in (2) . A
salesperson applying to register with an issuer does not have to take an
examination.
(2) Each application for registration in this state must be made on
the most current revised uniform application form as adopted by the North
American securities administrators association (NASAA) , unless the
commissioner, by order, designates another form. Broker-dealers shall use NASD form BD, investment adviser
representatives shall use NASD form ADV, and securities salespersons and
investment adviser representatives shall use NASD form U-4.
(3) Except as provided in (3) (a) and (b) of this rule, all
applications, amendments, reports, notices, related filings and fees required
to be filed with the commissioner shall be filed electronically with and
transmitted to the NASD's investment adviser registration depositor (IARD) for
investment advisers and investment adviser representatives or to the NASD's
central registration depository (CRD) for broker-dealers and salespersons:
(a) except as provided in (3) (b) of this rule, salespersons
representing issuers, salespersons of non-NASD firms and broker-dealers that
are not members of the NASD shall file all applications, amendments, reports,
notices, related filings and fees directly with the commissioner;
(b) in the commissioner's discretion, the commissioner may by order
provide for a manner of filing an application to register or an application to
terminate registration different from the procedures provided in this rule;
(c) notwithstanding (3) of this rule, the electronic filing of any
particular document and the collection of related processing fees shall not be
required until such time as IARD provides for receipt of such filings and
fees. Any documents or fees required to
be filed with the commissioner that are not permitted to be filed with or
cannot be accepted by IARD shall be filed directly with the commissioner.
(4)Each person registered pursuant to 30-10-201, MCA, wishing to
terminate registration shall file an application to terminate
registration. Each application to
terminate registration must be made on the most current revised uniform
termination form as adopted by NASAA, unless the commissioner, by order,
designates another form. Broker-dealers
shall use form BDW, investment advisers shall use form ADV-W, and securities
salespersons and investment adviser representatives shall use form U-5.
(5) Each change in the information included in an application for
registration or termination must be set forth in an amendment to the
application and filed with the commissioner within 30 days after the change
occurs.
(6) Upon the written request of an applicant and for good cause
shown, the commissioner may waive any of the requirements of this rule.