Registration and Post-Registration Requirements: Rapid Fire
Chapters in this video
- 0:00 Registration is strictly per state, never automatic from federal
- 1:01 Form BD, irrevocable consent, and the birth of a registration
- 2:54 Books, records, and examination without a subpoena anywhere
- 4:19 Punitive versus non-punitive endings: two different buckets
- 5:32 The frozen turkey exam trap: non-securities misdemeanors are not grounds
- 6:55 Number lock: 30 days, December 31, 10 years, and 90 days
- 8:32 Rapid-fire exam recap
What this video covers
- Why federal registration with the Securities and Exchange Commission (SEC) and Financial Industry Regulatory Authority (FINRA) does not satisfy any state requirement, and why registration is strictly per state
- What Form BD is, what accompanies it, and why the irrevocable consent to service of process is one-time, non-renewing, and survives termination
- The exact books and records retention periods: 3 years for correspondence, advertising, and written supervisory procedures (WSPs); 4 years for customer complaints; 6 years for blotters, ledgers, and customer account records; and the 2-year easily accessible rule
- Why a state Administrator can examine records at any time, inside or outside the state, without a subpoena, but cannot impose requirements that conflict with or exceed federal standards on capital, custody, margin, records, bonding, or reporting
- The six punitive actions that each require both a public interest finding and a statutory ground: denial, suspension, revocation, bar, censure, or restriction
- Why cancellation is non-punitive housekeeping with none of those requirements, limited to its own four specific findings
- The 30-day effective rule for both registration and withdrawal, the December 31 annual expiration, the 10-year lookback for felonies and securities-related misdemeanors, and the 90-day window to act on disclosed prior orders
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