Thursday, June 3, 2021

New York Guidance on State Securities Filing Rules

New York has released additional guidance on recent rule amendments prepared by the Investor Protection Bureau (IPB) and adopted in 2020. 

Through these new rules, the Office of the Attorney General (OAG) has increased transparency for the public into the investment adviser representatives and securities issuers operating in New York state.

“These new rules are propelling this office’s investment registration functions into the 21st century and helping to level the playing field,” said Attorney General James. “By moving to standardized electronic filings and payments, our systems are now providing enhanced transparency to New Yorkers when it comes to their investments. Every one of these improvements will assist my office in its ongoing battle to keep New Yorkers, and their nest eggs, safe.”

The OAG has created a number of resources to assist potential filers, including the following:

Securities Issuers Using the NASAA Electronic Filing Depository (EFD):

Part 11 – IAR Registration Guidance
Part 11 – 13 NYCRR 11.18 Guidance (New)
Part 11 – Examination Requirements and Waivers for IARs under 13 NYCRR 11.6 and 11.7 Guidance (New)
Frequently Asked Questions (Updated)

Additional information, including the adopted rules, is available on the IPB’s Rule Change page.

The IPB has also recently begun accepting — on a voluntary basis — online payments for filings currently submitted on paper, in addition to paper checks that will continue to be accepted. The IPB ePayment system link and the user guide can be found on the IPB’s main webpage.

Investment adviser representatives should expect delays in processing of applications during the implementation period through December 2, 2021. Interested parties should periodically check the IPB Rule Change page for updated information regarding the new rules.

For questions or assistance with your registration issues, call Mark Astarita, Esq., a New York securities lawyer, at 212-509-6544.

No comments: