502.403 Investment adviser registration requirement and exemptions.
1. Registration requirement. It is unlawful for a person to transact business in this state as an investment adviser unless the person is registered under this chapter as an investment adviser or is exempt from registration as an investment adviser under subsection 2.
2. Exemptions from registration. All of the following persons are exempt from the registration requirement of subsection 1:
a. A person without a place of business in this state that is registered under the securities Act of the state in which the person has its principal place of business if its only clients in this state are any of the following:
(1) Federal covered investment advisers, investment advisers registered under this chapter, or broker-dealers registered under this chapter.
(2) Institutional investors.
(3) Bona fide preexisting clients whose principal places of residence are not in this state if the investment adviser is registered under the securities Act of the state in which the clients maintain principal places of residence.
(4) Any other client exempted by rule adopted or order issued under this chapter.
b. A person without a place of business in this state if the person has had, during the preceding twelve months, not more than five clients that are resident in this state in addition to those specified under paragraph “a”.
c. Any other person exempted by rule adopted or order issued under this chapter.
3. Limits on employment or association. It is unlawful for an investment adviser, directly or indirectly, to employ or associate with an individual to engage in an activity related to investment advice in this state if the registration of the individual is suspended or revoked or the individual is barred from employment or association with an investment adviser, federal covered investment adviser, or broker-dealer by an order under this chapter, the securities and exchange commission, or a self-regulatory organization, unless the investment adviser did not know, and in the exercise of reasonable care could not have known, of the suspension, revocation, or bar. Upon request from the investment adviser and for good cause, the administrator, by order, may waive, in whole or in part, the application of the prohibitions of this subsection to the investment adviser.
4. Investment adviser representative registration required. It is unlawful for an investment adviser to employ or associate with an individual required to be registered under this chapter as an investment adviser representative who transacts business in this state on behalf of the investment adviser unless the individual is registered under section 502.404, subsection 1, or is exempt from registration under section 502.404, subsection 2.
[C77, 79, 81, §502.403]
2004 Acts, ch 1161, §28, 68
Referred to in §502.404, 502.407, 502.509, 502.604, 502.608, 502.610
Structure Iowa Code
Chapter 502 - UNIFORM SECURITIES ACT (BLUE SKY LAW)
Section 502.101 - Short title.
Section 502.102 - Definitions.
Section 502.103 - References to federal statutes.
Section 502.104 - References to federal agencies.
Section 502.105 - Electronic records and signatures.
Section 502.201 - Exempt securities.
Section 502.202 - Exempt transactions.
Section 502.203 - Additional exemptions and waivers.
Section 502.204 - Denial, suspension, revocation, condition, or limitation of exemptions.
Section 502.207B - Legislative review and oversight.
Section 502.301 - Securities registration requirement.
Section 502.302 - Notice filing.
Section 502.303 - Securities registration by coordination.
Section 502.304 - Securities registration by qualification.
Section 502.304A - Expedited registration by filing for small issuers.
Section 502.305 - Securities registration filings.
Section 502.306 - Denial, suspension, and revocation of securities registration.
Section 502.307 - Waiver and modification.
Section 502.321A - Special definitions.
Section 502.321B - Registration requirements — hearing.
Section 502.321C - Filing of solicitation materials.
Section 502.321D - Fraudulent, deceptive, or manipulative acts and practices prohibited.
Section 502.321E - Limitations on offers and offerors.
Section 502.321F - Administration — rules and orders.
Section 502.321H - Nonapplication of corporate takeover law.
Section 502.321I - Application of securities law.
Section 502.401 - Broker-dealer registration requirement and exemptions.
Section 502.402 - Agent registration requirement and exemptions.
Section 502.403 - Investment adviser registration requirement and exemptions.
Section 502.404 - Investment adviser representative registration requirement and exemptions.
Section 502.405 - Federal covered investment adviser notice filing requirement.
Section 502.407 - Succession and change in registration of broker-dealer or investment adviser.
Section 502.410 - Filing fees.
Section 502.411 - Postregistration requirements.
Section 502.501 - General fraud.
Section 502.501A - Prohibited transactions of broker-dealers and agents.
Section 502.502 - Prohibited conduct in providing investment advice.
Section 502.502A - Advisory misconduct.
Section 502.503 - Evidentiary burden.
Section 502.504 - Filing of sales and advertising literature.
Section 502.505 - Misleading filings.
Section 502.506A - Misstatements in publicity prohibited.
Section 502.507 - Qualified immunity.
Section 502.508 - Criminal penalties.
Section 502.509 - Civil liability.
Section 502.510 - Rescission offers.
Section 502.601 - Administration.
Section 502.602 - Investigations and subpoenas.
Section 502.603 - Civil enforcement.
Section 502.603A - Cooperation with other agencies.
Section 502.604 - Administrative enforcement.
Section 502.604A - Law enforcement authority.
Section 502.604B - Limited law enforcement authority.
Section 502.605 - Rules, forms, orders, interpretative opinions, and hearings.
Section 502.606 - Administrative files and opinions.
Section 502.607 - Public records — confidentiality.
Section 502.608 - Uniformity and cooperation with other agencies.
Section 502.609 - Judicial review of orders.
Section 502.610 - Jurisdiction.
Section 502.611 - Service of process.
Section 502.612 - Severability clause.
Section 502.701 - Public joint investment trusts.
Section 502.801 - Definitions.
Section 502.802 - Notification to administrator.
Section 502.803 - Notification to administrator — immunity.
Section 502.804 - Notification to permissible third party.
Section 502.805 - Notification to permissible third party — immunity.
Section 502.806 - Disbursements or transactions — delay.
Section 502.807 - Disbursements or transactions — delay — immunity.