Hawaii Revised Statutes
485A. Uniform Securities Act
485A-404 Investment adviser representative registration requirement and exemptions.

§485A-404 Investment adviser representative registration requirement and exemptions. (a) It is unlawful for an individual to transact business in this State as an investment adviser representative unless the individual is registered under this chapter as an investment adviser representative or is exempt from registration as an investment adviser representative under subsection (b).
(b) The following individuals are exempt from the registration requirement of subsection (a):
(1) An individual who is employed by or associated with an investment adviser that is exempt from registration under section 485A-403(b) or a federal covered investment adviser that is excluded from the notice filing requirements of section 485A-405; or
(2) Any other individual exempted by rule adopted or order issued under this chapter.
(c) The registration of an investment adviser representative is effective only while the investment adviser representative is employed by or associated with an investment adviser registered under this chapter or a federal covered investment adviser that has made or is required to make a notice filing under section 485A-405.
(d) If an individual transacts business as an investment adviser representative for more than one investment adviser or federal covered investment adviser, the investment advisers and federal covered investment advisers shall be jointly and severally liable for the business transactions of the investor adviser representative unless otherwise agreed to between the investment adviser representative, investment advisers, and federal covered investment adviser.
(e) It is unlawful for an individual acting as an investment adviser representative, directly or indirectly, to conduct business in this State on behalf of an investment adviser or a federal covered investment adviser if the registration of the individual as an investment adviser representative is suspended or revoked or the individual is barred from employment or association with an investment adviser or a federal covered investment adviser by an order under this chapter, the Securities and Exchange Commission, or a self-regulatory organization. Upon request from a federal covered investment adviser and for good cause, the commissioner, by order issued, may waive, in whole or in part, the application of the requirements of this subsection to the federal covered investment adviser. [L 2006, c 229, pt of §1]

Structure Hawaii Revised Statutes

Hawaii Revised Statutes

Title 26. Trade Regulation and Practice

485A. Uniform Securities Act

485A-101 Short title.

485A-102 Definitions.

485A-103 References to federal statutes.

485A-104 References to federal agencies.

485A-105 Electronic records and signatures.

485A-201 Exempt securities.

485A-202 Exempt transactions.

485A-203 Additional exemptions and waivers.

485A-204 Denial, suspension, revocation, condition, or limitation of exemptions.

485A-301 Securities registration requirement.

485A-302 Notice filing.

485A-303 Securities registration by qualification.

485A-304 Securities registration filings.

485A-305 Denial, suspension, and revocation of securities registration.

485A-306 Waiver and modification.

485A-401 Broker-dealer registration requirement and exemptions.

485A-402 Agent registration requirement and exemptions.

485A-403 Investment adviser registration requirement and exemptions.

485A-404 Investment adviser representative registration requirement and exemptions.

485A-405 Federal covered investment adviser notice filing requirement.

485A-406 Registration by broker-dealer, agent, investment adviser, and investment adviser representative.

485A-407 Succession and change in registration of broker-dealer or investment adviser.

485A-408 Termination of employment or association of agent and investment adviser representative; transfer of employment or association.

485A-409 Withdrawal of registration of broker-dealer, agent, investment adviser, and investment adviser representative.

485A-410 Filing fees.

485A-411 Postregistration requirements.

485A-412 Denial, revocation, suspension, withdrawal, restriction, condition, or limitation of registration.

485A-501 General fraud.

485A-502 Prohibited conduct in providing investment advice.

485A-503 Evidentiary burden.

485A-504 Filing of sales and advertising literature.

485A-505 Misleading filings.

485A-506 Misrepresentations concerning registration or exemption.

485A-507 Qualified immunity.

485A-508 Criminal penalties.

485A-509 Civil liability.

485A-510 Rescission offers.

485A-601 Commissioner of securities.

485A-602 Investigations and subpoenas.

485A-603 Civil enforcement.

485A-603.5 Additional civil penalties for securities violations committed against elders.

485A-604 Administrative enforcement.

485A-604.5 Additional administrative penalties for securities violations committed against elders. If a person commits a violation under this chapter and the violation is directed toward, targets, or is committed against a person who at the time of t...

485A-605 Venue.

485A-606 Rules, forms, orders, interpretative opinions, and hearings.

485A-607 Administrative files and opinions.

485A-608 Public records; confidentiality.

485A-609 Appeals to court, first circuit; time; bonds; costs; decree; further appeal.

485A-610 Service of process.

485A-701 Application of act to existing proceeding and existing rights and duties.

485A-801 Definitions.

485A-802 Governmental disclosures.

485A-803 Immunity for governmental disclosures.

485A-804 Third-party disclosures.

485A-805 Immunity for third-party disclosures.

485A-806 Delaying disbursements or transactions.

485A-807 Immunity for delaying disbursements or transactions.

485A-808 Records.

485A-809 Multiple duties to report.