Denial, Revocation, Suspension, Cancellation, and Withdrawal
Chapters in this video
- 0:00 Two-part test: public interest plus statutory ground
- 1:53 The insolvency trap: individual versus firm
- 2:26 Prior orders and the lookback periods
- 3:39 Failure to supervise is a firm-level charge
- 4:12 Supervised IARs and the narrower qualifications standard
- 4:53 Due process steps and the summary order shortcut
- 6:15 The 90-day rule for disclosed final orders
- 7:37 Cancellation versus revocation: non-punitive versus punitive
- 8:13 Withdrawal does not equal freedom: the 30-day block and one-year reach
- 9:49 Rapid-fire exam recap
What this video covers
- The dual requirement: why every disciplinary action against an IAR needs both a public-interest finding and at least one statutory ground, and why cancellation is the sole exception
- Why personal insolvency is a valid statutory ground against an individual IAR but cannot be used to penalize the supervising investment adviser, or IA, firm itself
- The lookback trap: no time limit for this state's Administrator prior orders versus the 10-year limit for adjudications by another regulator or court, and the notice-and-hearing requirement baked into the latter
- Why failure to supervise is a firm-level ground against the IA or broker-dealer, not a freestanding charge against an individual supervisory IAR
- The supervised-IAR qualifications protection: why an IAR need not meet the same standard as the IA itself, and why lack of experience alone cannot support an order if the applicant is qualified by training or knowledge
- Due process steps versus the summary order shortcut, and the exact 15-day deadline for the Administrator to set a hearing after receiving a written request
- The narrow 90-day rule for disclosed final orders, and why it does not protect an IAR from later-discovered or newly committed misconduct
- Why withdrawal does not equal freedom: the 30-day automatic effective period can be blocked by a pending or newly instituted proceeding, and the Administrator retains one full year of retroactive authority post-withdrawal
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