§ 1-301. Registration requirement
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 70 P.S. SecuritiesEffective: August 11, 2014
Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 70 P.S. Securities (Refs & Annos)
Chapter 1.5. Pennsylvania Securities Act of 1972 (Refs & Annos)
Part III. Registration of Broker-Dealers, Agents, Investment Advisers, Investment Adviser Representatives and Notice Filings by Federally Covered Advisers (Refs & Annos)
Effective: August 11, 2014
70 P.S. § 1-301
§ 1-301. Registration requirement
Unless exempted under section 3021 hereof:
(b) It is unlawful for any broker-dealer or issuer to employ an agent to represent him in this State unless the agent is registered under this act. The registration of an agent is not effective during any period when he is not associated with a specified broker-dealer registered under this act or a specified issuer. No agent shall at any time represent more than one broker-dealer or issuer, except that where affiliated organizations are registered broker-dealers, an agent may represent one or more of such organizations. When an agent begins or terminates an affiliation with a broker-dealer or issuer, or engages in activities which make him an agent, the agent as well as the broker-dealer or issuer shall promptly notify the department. The department may adopt a temporary registration procedure to permit agents to change employers without suspension of their registrations hereunder.
(c) It is unlawful for any person to transact business in this State as an investment adviser unless he is so registered or registered as a broker-dealer under this act or unless he is exempted from registration. It is unlawful for any person to transact business in this State as an investment adviser representative unless he is so registered or exempted from registration.
(i) Person required to be registered as an investment adviser under this act to employ an investment adviser representative unless the investment adviser representative is registered under this act or exempted from registration, provided that the registration of an investment adviser representative is not effective during any period when he is not employed by an investment adviser registered under this act; or
(2) If a registered investment adviser representative begins or terminates employment with an investment adviser or a federally covered adviser, the investment adviser in the case under paragraph (1)(i) or the investment adviser representative in the case of paragraph (1)(ii) shall promptly notify the department.
(d) It is unlawful for any licensed broker-dealer, agent, investment adviser or investment adviser representative to effect a transaction in securities, directly or indirectly, in this State if the registrant is in violation of this act, or any regulation or order promulgated under this act of which he has notice, if such violation (i) is a material violation; (ii) relates to transactions effected in this State; and (iii) has been committed by such registrant, or if the information contained in his application for registration, as of the date of such transaction, is incomplete in any material respect or is false or misleading with respect to any material fact.
(e) Every registration or notice filing expires on December 31 of each year unless renewed. No registration or notice filing is effective after its expiration, unless a renewal application has been timely filed, and expiration of a registration for which no renewal application has been filed is deemed an application for withdrawal under section 305(f).2
(f) It is unlawful for any federally covered adviser to conduct advisory business in this State unless such person complies with the provisions of section 303(a)(iii).3
Credits
1972, Dec. 5, P.L. 1280, No. 284, § 301, effective Jan. 1, 1973. Amended 1981, March 25, P.L. 1, No. 1, § 1, imd. effective; 1990, Dec. 18, P.L. 755, No. 190, § 3, effective in 60 days; 1993, May 4, P.L. 4, No. 4, § 1, imd. effective; 1998, Nov. 24, P.L. 829, No. 109, § 13, effective in 60 days; 2014, June 10, P.L. 678, No. 52, § 11, effective in 60 days [Aug. 11, 2014].
70 P.S. § 1-301, PA ST 70 P.S. § 1-301
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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