Broker-Dealer, State Investment Advisers and SEC Investment Advisers

What's New
  • 12/07/12 - The California Corporations Commissioner proposes to adopt and amend various sections of Title 10 of the California Code of Regulations.  This regulatory action proposes to, among other things, amends license and renewal license application forms under the Corporate Securities Law of 1968 (broker-dealers, agents, investment advisers). The period within which to comment on this proposed regulatory action ends on January 28, 2013. 
  • 08/27/12 - The California Corporations Commissioner adopted amendments to Section 260.204.9 of Title 10 of the California Code of Regulations to provide a permanent exemption for certain advisers to private funds, provided they (1) have not violated securities laws, (2) file periodic reports with the Department, (3) pay the existing investment adviser registration and renewal fees, and (4) comply with additional safeguards when advising funds organized under Section 3(c)(1) and/or 3(c)(5) of the Investment Company Act of 1940.
    The exemption is based on the North American Securities Administrators Association Model Rule for Exempt Reporting Advisers, adopted December 16, 2011.
    These amendments were filed with the Secretary of State on August 27, 2012 and are effective upon filing.  (PRO 02/11)
  • 07/17/12 - On July 16, 2012, The California Corporations Commissioner ("Commissioner") filed the final amendment to Section 260.204.9 of Title 10, of the California Code of Regulations (Certificate Exemption for Investment Advisers to Private Funds) with the Office of Administrative Law (OAL). The amendment would create a new exemptive framework for advisers to private pooled investment vehicles.By way of background, on July 21, 2011, the Commissioner promulgated emergency regulations to preserve a state exemption from state registration for investment advisers.  (Cal. Code Regs. tit. 10, § 260.204.9).  The emergency regulations were re-adopted on January 18, 2012 and April 17, 2012.  The notice of proposed rulemaking for the permanent regulations was published in the Notice Register on January 6, 2012.

    The emergency regulation remains in effect during OAL’s review (Gov. Code § 11346.1(e)).  The Commissioner will provide an update on its Internet website upon final promulgation of the amended rule..

    Further background on the process surrounding the adoption and extension of emergency regulations is available at:
    http://www.oal.ca.gov/emergency_regulation_process.htm
  • 03/27/12 - The California Corporations Commissioner is providing notice that on April 4, 2012, the Department will file an emergency regulation extending the effectiveness of Rule 260.204.9 of Title 10 of the California Code of Regulations.  Rule 260.204.9 currently exempts from registration investment advisers who are deemed “private advisers.”  This emergency regulatory action will become effective on April 17, 2012, the same day as the expiration of the current emergency regulation, and will expire on July 16, 2012.  (PRO 02/11 - E)
  • 02/07/12 - The California Corporations Commissioner published a Notice of Proposed Action in the January 6, 2012 edition of the California Regulatory Notice Register (Register 2012, No. 1-Z, page 3) concerning a Private Fund Adviser Exemption.  The original comment period deadline was February 20, 2012.

    The Department is extending the written comment deadline to March 25, 2012.  (PRO 02/11)

  • 01/12/12 - The Commissioner of Corporations ("Commissioner") has readopted emergency regulations extending the effectiveness of Rule 260.204.9 (10 C.C.R. §260.204.9) for a period of 90 days.  Rule 260.204.9 currently exempts from registration investment advisers who are deemed “private advisers.”  This emergency regulatory action is effective as of January 18, 2012 and will expire on April 17, 2012.   The previous emergency rule expires on January 17, 2012. (PRO 02/11 Emergency Filing)
  • 12/27/11 - On January 5, 2012, the Commissioner of Corporations will file with the Office of Administrative Law (OAL) the readoption of emergency regulations to extend the effectiveness of Rule 260.204.9 (10 C.C.R. §260.204.9) for a period of no longer than 90 days.    The changes to the rule will extend the current exemption from registration for investment advisers who are deemed “private advisers” for an additional 90 days.  The anticipated operative date of the emergency regulation is January 18, 2012.
  • 12/21/11 - The California Corporations Commissioner proposes to amend Rule 260.204.9 to provide an exemption from registration for investment advisers to certain private funds.  The Rule as currently in effect, was adopted as an emergency regulation on July 21, 2011. The Rule currently exempts persons deemed to be “private advisers.” 

    In this rulemaking action the Commissioner proposes to adopt a permanent exemption for certain advisers to “private funds.”  The proposed exemption would be consistent with the regulation of private funds under Dodd-Frank, and with the NASAA Proposed Model Rule for Exempt Reporting Advisers (published on 6/13/2011).

    The period within which to comment on this proposed regulatory action ends on February 20, 2012.  (PRO 02/11

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