The following provisions apply to all applications, petitions, notice filings, amendments, reports, complaints, or other documents required under the Arkansas Securities Act, Arkansas Code § 23-42-101 et seq., this part, or any order of the Securities Commissioner:
(1) Filing.
- (A) A document is deemed filed when it is received in the office of the commissioner.
- (B) All communications and inquiries shall be addressed or delivered to: Arkansas Securities Commissioner 1 Commerce Way, Suite 402 Little Rock, Arkansas 72202 Telephone 501.324.9260
- (C) The office of the commissioner shall be open for business between the hours of 8:00 a.m. and 4:30 p.m. on weekdays, except for legally declared holidays.
(D)
- (i) The original of each form or exhibit is required.
- (ii) Additional copies of certain documents may be requested or required by other provisions of the Arkansas Securities Act or this part.
- (E) When a document is required to be signed, the signature shall be an original signature of the person signing or if submitted electronically, the signature shall be verified through a certification authority that shall verify for the State Securities Department that the electronic signature is authentic.
- (F) A filing shall be deemed incomplete until all requested information and applicable fees are received;
(2) Fees.
- (A) Unless a filing is made electronically or as otherwise set forth specifically in this part, all filing fees must accompany the application or supplemental amendment to which they pertain.
- (B) Filing fees for notice filings shall accompany the notice filing when possible or as soon thereafter as is practical.
- (C) Copies of documents filed and recorded in the office of the commissioner will be provided at a charge of ten cents (10¢) per page.
- (D) Certified copies will be provided at an additional charge of one dollar ($1.00) per document.
- (E) Postage, shipping fees, and additional costs related to providing information to the public may be charged.
- (F) Unless paid electronically, fee payments made directly to the department shall be by check or money order made payable to the State Securities Department; and
(3) Forms. The following forms have been adopted for use:
(A) Broker-dealer registration.
- (i) Uniform Application for Broker-Dealer Registration (Form BD).
- (ii) Uniform Application for Securities Industry Registration or Transfer (Form U4).
- (iii) Uniform Branch Office Registration (Form BR).
- (iv) Uniform Termination Notice for Securities Industry Registration (Form U5).
- (v) Uniform Request for Broker-Dealer Withdrawal (Form BDW).
- (vi) Broker-Dealer Independent Contractor Acknowledgement Form.
- (vii) Life Disclosure Settlement Document I and II;
(B) Investment adviser registration.
- (i) Uniform Application for Investment Adviser Registration (Form ADV).
- (ii) Uniform Surety Bond (Form USB).
- (iii) Notice of Withdrawal from Registration as Investment Adviser (Form ADV-W).
- (iv) Investment Adviser Independent Contractor Acknowledgement Form.
- (v) Certificate of Accounting of Client Securities and Funds in the Possession or Custody of an Investment Adviser (Form ADV-E).
- (vi) Bond Continuation Certificate;
(C) Securities agent, agent of an issuer, and investment adviser representative.
- (i) Uniform Application for Securities Industry Registration (Form U4).
- (ii) Uniform Surety Bond (Form USB).
- (iii) Uniform Termination Notice (Form U5).
- (iv) Uniform Examination Request for Non-FINRA Candidates (Form U10).
- (v) Agreement of Joint Supervision for Dual Registration.
- (vi) Agent of the Issuer Renewal Registration Application.
- (vii) Model Accredited Investor Exemption Uniform Notice of Transaction;
(D) Securities registration and exemption.
- (i) Uniform Application to Register Securities (Form U-1).
- (ii) Uniform Consent to Service of Process (Form U-2).
- (iii) Uniform Form of Corporate Resolution (Form U-2A).
- (iv) Small Corporate Offering Registration (Form U-7).
- (v) Registration Statement under the Securities Act of 1933 (Form S-1).
- (vi) Notice of Sales of Securities Pursuant to Regulation D, Section 4(6) of the Securities Act of 1933, and/or Uniform Limited Offering Exemption (Form D).
- (vii) Model Accredited Investor Exemption; and
(E) Notice filings.
- (i) Uniform Investment Company Notice Filing (Form NF).
- (ii) Uniform Application for Investment Adviser Registration (Form ADV).
- (iii) Uniform Notice Filing of Regulation A – Tier 2 Offering.
Codification Notes: The Securities Act of 1933 is codified at 15 U.S.C. § 77a et seq.