RCW 21.20.040
Registration and notification required—Exemptions.
(1) It is unlawful for any person to transact business in this state as a broker-dealer or salesperson, unless: (a) The person is registered under this chapter; (b) the person is exempted from registration as a broker-dealer or salesperson to sell or resell condominium units sold in conjunction with an investment contract as may be provided by rule or order of the director as to persons who are licensed pursuant to the provisions of chapter 18.85 RCW; (c) the person is a salesperson who satisfies the requirements of section 15(i)(3) of the Securities Exchange Act of 1934 and effects in this state no transactions other than those described by section 15(i)(4) of the Securities Exchange Act of 1934; (d) the person is a salesperson effecting transactions in open-end investment company securities sold at net asset value without any sales charges; or (e) the person participates only in the sale or offering for sale of variable contracts which fund corporate plans meeting the requirements for qualification under section 401 or 403 of the United States Internal Revenue Code as set forth in RCW 48.18A.060.
(2) It is unlawful for any broker-dealer or issuer to employ a salesperson unless the salesperson is registered or exempted from registration.
(3) It is unlawful for any person to transact business in this state as an investment adviser or investment adviser representative unless: (a) The person is so registered or exempt from registration under this chapter; (b) the person has no place of business in this state and (i) the person's only clients in this state are investment advisers registered under this chapter, federal covered advisers, broker-dealers, banks, savings institutions, trust companies, insurance companies, investment companies as defined in the Investment Company Act of 1940, employee benefit plans with assets of not less than one million dollars, or governmental agencies or instrumentalities, whether acting for themselves or as trustees with investment control, or (ii) during the preceding twelve-month period the person has had fewer than six clients who are residents of this state other than those specified in (b)(i) of this subsection; (c) the person is an investment adviser to an investment company registered under the Investment Company Act of 1940; (d) the person is a federal covered adviser and the person has complied with requirements of RCW 21.20.050; or (e) the person is excepted from the definition of investment adviser under section 202(a)(11) of the Investment Advisers Act of 1940.
(4) It is unlawful for any person, other than a federal covered adviser, to hold himself or herself out as, or otherwise represent that he or she is a "financial planner," "investment counselor," or other similar term, as may be specified in rules adopted by the director, unless the person is registered as an investment adviser or investment adviser representative, is exempt from registration as an investment adviser or investment adviser representative under RCW 21.20.040, or is excluded from the definition of investment adviser under RCW 21.20.005.
(5)(a) It is unlawful for any person registered or required to be registered as an investment adviser under this chapter to employ, supervise, or associate with an investment adviser representative unless such investment adviser representative is registered as an investment adviser representative under this chapter.
(b) It is unlawful for any federal covered adviser or any person required to be registered as an investment adviser under section 203 of the Investment Advisers Act of 1940 to employ, supervise, or associate with an investment adviser representative having a place of business located in this state, unless such investment adviser representative is registered or is exempted from registration under this chapter.
[ 2016 c 61 § 1; 2002 c 65 § 3; 1998 c 15 § 3; 1994 c 256 § 5; 1989 c 391 § 2; 1979 ex.s. c 68 § 2; 1975 1st ex.s. c 84 § 2; 1974 ex.s. c 77 § 1; 1959 c 282 § 4.]
NOTES:
Findings—Construction—1994 c 256: See RCW 43.320.007.
Effective date—1974 ex.s. c 77: "This 1974 amendatory act shall take effect on July 1, 1974." [ 1974 ex.s. c 77 § 14.]
Insurance, solicitation permits for sale of securities: RCW 48.06.090.
Structure Revised Code of Washington
Title 21 - Securities and Investments
Chapter 21.20 - Securities Act of Washington.
21.20.010 - Unlawful offers, sales, purchases.
21.20.020 - Unlawful acts of person advising another.
21.20.030 - Unlawful acts of investment adviser.
21.20.035 - Unlawful purchases or sales for customer's account.
21.20.037 - Variable contracts—Registration required—Rules.
21.20.040 - Registration and notification required—Exemptions.
21.20.050 - Application for registration—Filing of documents—Consent to service of process—Fee.
21.20.060 - Contents of application for registration—Capital requirements.
21.20.070 - When registration effective—Requirements determined by rule.
21.20.090 - Renewal of registration—Financial reports—Application for a successor.
21.20.130 - Cancellation of registration or application—Grounds.
21.20.135 - License as salesperson or broker-dealer prerequisite to suit for commission.
21.20.140 - Unlawful to offer or sell unregistered securities—Exceptions.
21.20.180 - Registration by coordination—Requirements—Statement, contents.
21.20.210 - Registration by qualification—Statements—Requirements—Audits.
21.20.220 - Information not required when nonissuer distribution.
21.20.230 - Time of taking effect of registration statement by qualification—Conditions.
21.20.240 - Registration statements—Generally.
21.20.250 - Registration by qualification or coordination—Escrow—Impounding proceeds.
21.20.260 - Registration by coordination or qualification—Offer and sale—Duration of effectiveness.
21.20.270 - Reports by filer of statement—Annual financial statements.
21.20.275 - Pending registration—Notice of termination—Application for continuation.
21.20.280 - Stop orders—Grounds.
21.20.290 - Stop order prohibited if facts known on effective date of statement.
21.20.300 - Notification of entry of stop order—Hearing—Findings, conclusions, modification, etc.
21.20.310 - Securities exempt from registration.
21.20.320 - Exempt transactions.
21.20.325 - Denial, revocation, condition, of exemptions—Authority—Procedure.
21.20.327 - Required filings—Consent to service—Failure to comply—Rules—Fees.
21.20.330 - Consent to service of process—Service, how made.
21.20.350 - False or misleading statements in filed documents.
21.20.377 - Subpoena authority—Application—Contents—Notice—Fees.
21.20.380 - Oaths—Subpoenas—Assisting another state—Compelling obedience—Punishment.
21.20.395 - Administrative action—Hearing—Judicial review—Judgment.
21.20.400 - Penalty for violation of chapter—Limitation of actions.
21.20.420 - Criminal punishment, chapter not exclusive.
21.20.430 - Civil liabilities—Survival, limitation of actions—Waiver of chapter void—Scienter.
21.20.435 - Assurance of discontinuance of violations—Acceptance—Filing.
21.20.440 - Judicial review of order—Modification of order by director on additional evidence.
21.20.460 - Administrator of securities—Appointment, qualifications, term, etc.
21.20.470 - Compensation, travel expenses of administrator and employees.
21.20.480 - Unlawful use or disclosure of filed information.
21.20.490 - No liability under chapter for act in good faith.
21.20.500 - Administrative hearings public—Exception.
21.20.510 - Document filed when received—Register—Inspection of register, information, etc.
21.20.520 - Copies of entries, documents to be furnished—Copies as prima facie evidence.
21.20.530 - Interpretative opinions by director.
21.20.540 - Exemptions, exceptions, and preemptions—Burden of proof.
21.20.700 - Investigations and examinations—Additional authority—Scope.
21.20.702 - Suitability of recommendation—Reasonable grounds required.
21.20.810 - Application of chapter not limited.
21.20.855 - Examination reports and information—Exempt from public disclosure—Use in civil actions.
21.20.860 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
21.20.880 - Small securities offerings—Exemptions—Annual reports—Disqualification provisions—Rules.
21.20.900 - Construction to secure uniformity.
21.20.910 - Saving—Civil, criminal proceedings.
21.20.915 - Saving—Prior effective registrations.
21.20.920 - Application of prior law.
21.20.925 - Judicial review of prior administrative orders.
21.20.930 - Solicitation permits under insurance laws not limited.