1. (a) Issuance. An evidence of registration or certificate of registration shall be issued for each registered investment adviser reflecting the registered officer or partner. An evidence of registration shall be issued for each registered branch office reflecting the registered supervisor.

2. (b) Amendments and successor entities.

   1. (1) Changes in the information reflected on the evidence of registration must be submitted to the Securities Commissioner within 30 days of such change, in order that amendments may be made. Upon receipt of the amended evidence of registration, the investment adviser must surrender the original to the Commissioner. The fee for filing to amend the evidence of registration is $25.
   2. (2) Structural changes to a currently registered investment adviser, including reorganizations, mergers, or consolidations, that result in a surviving entity that is not currently registered, will require the filing of a new application and fees for registration. Upon registration of the surviving entity, the registration of the predecessor investment adviser will be terminated.
   3. (3) The application for the successor entity should be filed far enough in advance that the application can be reviewed and approved prior to the successor entity taking over the business of the registered investment adviser. If a successor entity has taken over the business of a registered investment adviser before the application of the successor entity has been reviewed and approved, the registration of the successor entity will be automatically granted a temporary registration for 60 days from the date of succession to complete the registration for the new entity. If the successor entity fails to complete the registration requirements within the 60-day temporary registration period, it may submit a written request to the Securities Commissioner to grant an extension of the temporary registration for up to 30 additional days. If the Commissioner, in the exercise of his or her discretion, declines to grant the extension request, the registration will terminate for the investment adviser and all its investment adviser representatives on the expiration of the 60-day temporary registration. Any investment advisory services rendered by the investment adviser and/or its investment adviser representatives after termination of the temporary registration are subject to the sanctions provided by the Texas Securities Act for rendering investment advice while unregistered. An additional fee of $25, as required in paragraph (1) of this subsection, must be submitted since it will involve an amendment to the evidence of registration if the application is approved.
   4. (4) All procedures set forth in this subsection shall also apply to investment advisers and investment adviser representatives who have submitted a notice filing and fee to the Securities Commissioner.
3. (c) Termination. An investment adviser is required to notify the Securities Commissioner upon termination of any registered investment adviser representative from its employ. Upon receipt of such notification, the Securities Commissioner may terminate the registration.

4. (d) Renewal.

   1. (1) Procedures for renewing expired and unexpired registrations are set forth in the Texas Securities Act, §19.C.
   2. (2) A notice of impending expiration of registration (renewal application) will be sent to a currently registered investment adviser at least 30 days before the expiration of its registration. The renewal application should be returned to the State Securities Board for processing, along with the appropriate fee.

   3. (3) If a person's registration is not renewed in a timely manner because such person is or was on active duty with the armed forces of the United States of America serving outside Texas, such person may renew the registration pursuant to this paragraph.

      1. (A) Renewal of the registration may be requested by such person, such person's spouse, or an individual having power of attorney from such person. The renewal application shall include a current address and telephone number for the individual requesting the renewal.
      2. (B) Renewal may be requested before or after expiration of the registration.
      3. (C) A copy of the official orders or other official military documentation showing that such person is or was on active duty serving outside Texas shall be submitted to the Securities Commissioner along with the renewal application.
      4. (D) A copy of the power of attorney from such person, if any, shall be filed with the Securities Commissioner along with the renewal application if the individual having the power of attorney executes any of the documents required in this paragraph.
      5. (E) A renewal application submitted to the Securities Commissioner pursuant to this paragraph shall be accompanied by the applicable renewal fee set out in §116.8 (relating to Fee Requirements).
      6. (F) The State Securities Board will not assess any increased fee or other penalty against the person for failure to timely renew such person's registration if such person establishes to the satisfaction of the Securities Commissioner that all requirements of this paragraph have been met.

Source Note:The provisions of this §116.4 adopted to be effective August 12, 2001, 26 TexReg 5799; amended to be effective January 8, 2006, 30 TexReg 8868.