Wyo. Code R. 002-0017-2
Effective Date: 01/11/1996 to 07/01/1997
Rule Type: Superceded Rules & Regulations
Reference Number: 002.0017.2.01111996
Section 1. Central Registration Depository (CRD). CRD shall mean the NASAA/NASD Central Registration Depository computer, its policies, memoranda, forms, codes and systems.
Section 2. Correspondent. Correspondent shall mean the person or law firm listed in item 2 of the Form U-1 representing the applicant or issuer during registration of securities.
Section 3. Effective or Effectiveness. Effective or effectiveness means the Secretary of State has granted or approved an application for registration.
Section 4. Financial Statement. Financial statement means a balance sheet, a statement of income, a statement of changes in financial condition and a statement of stockholder's equity.
Section 5. Investment Contract. An 'investment contract', as used in W.S. §17-4-113(a)(xi) includes:
(a) Any investment in a common enterprise with the expectation of profit to be derived substantially through the efforts of a third party or the promoter; or
(b) The investment of money or money's worth, including goods furnished and/or services performed, in the risk capital of a venture with the expectation of some benefit to the investor where the investor has no direct control over the investment or policy decisions of the venture.
Section 6. Issuer's Agent(s). Issuer's agents are those persons transacting business in securities on behalf of an issuer. Issuer's agents are restricted to transacting business in the securities of an issuer for which they are affiliated.
Section 7. Mass Transfer. Mass transfer means transfer of a broker-dealer's agents from one entity to another due to broker-dealer registration termination; broker-dealer name change or reorganization; broker-dealer acquisition, merger or succession. Mass transfer is effected through the CRD without filing individual forms U-4 or U-5.
Section 8. Mutual Fund. Mutual fund as used in these rules means an open-end investment company.
Section 9. National Association of Securities Dealers, Inc. (NASD). NASD refers to the National Association of Securities Dealers Inc., a self-regulatory organization (SRO) governing conduct of securities broker-dealers and their agents, its policies, rules of fair practice, memoranda, advisories and membership actions.
Section 10. National Securities Exchange. National Securities Exchange means an organization, association or group of persons providing a marketplace or facilities for bringing together purchases and sellers of securities. The term includes the marketplace and the facilities registered under Section 6 of the Securities Exchange Act of 1934.
Section 11. Net Capital. Net capital as used in these rules shall be that specified by 17 CFR 240.15c3-1 unless the Secretary of State specifies otherwise.
Section 12. New York Stock Exchange (NYSE). The New York Stock Exchange refers to that National Securities Exchange, Registered Securities Association and its rules, guidelines and standards.
Section 13. North American Securities Administrators Association (NASAA). NASAA refers to the North American Securities Administrators Association, an association of all state and Canadian provincial securities administrators which promulgates uniform statements of policy and interpretation concerning state and provincial securities laws.
Section 14. No Status. No status is a CRD system status reflecting a broker-dealer's indication of its desire to be registered with the Secretary of State.
Section 15. Open-End Investment Company. Open-end investment company means a management company which is offering for sale or has outstanding any redeemable security of which it is the issuer.
Section 16. Registered Securities Association. Registered Securities Association means an association of brokers and dealers as defined in Section 15A of the Securities Exchange Act of 1934.
Section 17. Renewal. Renewal means extending a registration beyond its period of effectiveness for an additional period as specified by rule or statute. When used in conjunction with investment company securities, renewal means extending the exempt status of the security for an additional period as specified by rule or statute.
Section 18. Secretary of State. The Secretary of State as used in these rules means the Secretary of State of Wyoming and his/her successors acting in that official capacity and as statutory Administrator of Wyoming's Uniform Securities Act.
Section 19. Securities and Exchange Commission (SEC). SEC means the United States Securities and Exchange Commission, its rules, opinions, policies, procedures and decisions.
Section 20. Securities Registration Depository. Securities Registration Depository (SRD) means an electronic filing system used by state securities administrators to file and catalog securities registration statements. SRD will provide states access to documents filed on the Securities and Exchange Commission Electronic Data Gathering and Retrieval (EDGAR) computer.
Section 21. Segregated Account. Segregated account means any account which may receive deposits of cash located at any financial institution in the United States which insures its deposits through an agency of the federal government. This account shall be used only for deposits of offering proceeds and shall not be used for other types of deposits.
Section 22. Series 63 Examination. The Series 63 examination means the Uniform Securities Agent State Law Examination (USASLE) administered by the NASD.
Section 23. Series 66 Examination. The Series 66 examination means the Uniform Combined State Law Examination administered by the NASD.
Section 24. Signed and Verified. Signed and verified as used in Chapter 4, Section 1(c) & (d) shall mean the financial statement was signed by an officer of the corporation or officer of a general partner or individual general partner stating as follows:
I, (Name of officer) holding the position of (name of position) with (name of entity) do swear or affirm that the accompanying unaudited financial statements and additional information pertaining to the firm of (firm name) as of (date) are true and correct.
Signature
Title
Subscribed and sworn to before
My commission expires ___
Notary Public
Section 25. Sponsor of a Unit Investment Trust. Sponsor of a unit investment trust means that person managing, organizing or performing similar principal functions for unit investment trusts.
Section 26. Temporary Agent Transfer (TAT). Temporary Agent Transfer refers to the NASAA Statement of Policy on Temporary Agent
Transfer. TAT allows securities agents conditional registration approval without lapse of registration when transferring from one firm to another. Registration is conditioned upon receipt of a non-deficient Form U-4 and timely filed Form U-5 for agents showing no disciplinary history.
Section 27. Termination. Termination means the ending of a period of registration after which the registration is no longer in force or effect.
Section 28. Uniform Model Marketplace Exemption Memorandum of Understanding (MOU). MOU means that document adopted by the North American Securities Administrators Association on April 28, 1990 establishing uniform guidelines for evaluating applications for exchange listing exemptions.
Section 29. Uniform Forms. A list of Uniform forms are referred to in these rules as follows:
(j) Form BDW is the Uniform Request for Withdrawal from Registration as a Broker-Dealer.
Section 30. Unit Investment Trust. Unit Investment Trust means an investment company which is organized under a trust indenture, contract of custodianship or agency, or similar instrument which does not have a board of directors and issues only redeemable securities each of which represents an undivided interest in a unit of specified securities, but does not include a voting trust.
Section 31. Definition by acronym.