If you are a broker-dealer registered or required to be registered under RCW 21.20.040, you must comply with the following requirements:
(1) You must promptly amend your Form BD if there is a material change to the information contained in the form, or if the information contained in the form is or becomes inaccurate or incomplete in any material respect. If you are a member of FINRA, you must file amendments to Form BD through CRD. If you are not a member of FINRA, you must submit your amended Form BD directly to the director. A material change includes, but is not necessarily limited to, the following:
- (a) A change in the name, ownership, management, or control of a broker-dealer;
- (b) A change in any of a broker-dealer's partners, directors, officers, or persons occupying a similar status performing similar functions;
- (c) A change in the business address or creation or termination of a branch office;
- (d) A change in the supervisory personnel of a branch office;
- (e) A change in the type of business engaged in by the broker-dealer;
- (f) Insolvency, dissolution, liquidation, or a material change in working capital;
- (g) Noncompliance with minimum net capital requirements;
- (h) Termination of business or discontinuance of activities as a broker-dealer;
- (i) Filing of a criminal charge or civil action against the broker-dealer or any of the broker-dealer's salespersons registered under RCW 21.20.040 which alleges a violation of securities laws;
- (j) Commencement of or notice of intent to commence any action by an administrative agency, regulatory agency, self-regulatory organization, or court to consider whether to deny, suspend, or revoke a registration, impose a fine, injunction, cease or desist, or other penalty upon the broker-dealer, and the result of such action, including subsequent measures taken by any agency, organization, or court;
- (k) Filing of a civil action against any broker-dealer registered under RCW 21.20.040 alleging a cause of action other than a securities violation which, if proven, would materially affect the ability of the broker-dealer to do business, including any action materially affecting the financial condition of the broker-dealer; and
- (l) Any restriction or condition placed on the activities of the broker-dealer by any regulatory agency or self-regulatory organization.
- (2) You must promptly amend the Form U4 for any associated salesperson if there is a material change to the information contained in the form, or if the information contained in the form is or becomes inaccurate or incomplete in any material respect. If you are a member of FINRA, you must file amendments to Form U4 through CRD. If you are not a member of FINRA, you must submit the amended Form U4 directly to the director.
- (3) You must notify the director of the employment or association of any new salesperson in Washington by submitting a completed Form U4 through CRD (or directly to the director if you are not a member of FINRA) within 21 days after the employment or association.
- (4) You must notify the director of the termination of employment of any salesperson in Washington by submitting a completed Form U5 through CRD (or directly to the director if you are not a member of FINRA) within 30 days after the event occurs.
[Statutory Authority: RCW 21.20.070 and 21.20.450. WSR 24-19-055, s 460-20C-060, filed 9/12/24, effective 10/13/24.]